La. Admin. Code tit. 22 § I-316

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-316 - Offender Visitation

A. Purpose-to establish the protocol through which offenders may receive visits from persons outside the department in order to preserve family ties and relationships in the community while maintaining safe, secure and orderly management and operation of the institution.

B. Applicability-deputy secretary, chief of operations, communications director, regional wardens and wardens. Each warden shall be responsible for ensuring that appropriate unit written policy and procedures are in place to comply with the provisions of this regulation and for conveying its content to all offenders, affected employees and visitors.

C. Policy. It is the secretary's policy that authorized visitation be permitted at each institution and that each institution conducts the visiting process in accordance with this regulation and with as much uniformity and consistency as possible while considering the institution's physical limitations and security needs. Thus, the visiting process shall not overly tax the institution's resources or its ability to maintain adequate supervision and security. In this matter, as in all others affecting institutional operations, safety and security are primary considerations. Additionally, maintaining offenders' ties with the community, including their family and loved ones, is vital to the carrying out of the department's mission to successfully reintegrate offenders into society. Any restrictions placed on visiting privileges pursuant to this regulation shall be rationally related to legitimate penological interests.

NOTE: The department understands the importance of visitation in maintaining an offender's relationships; visitation is an integral component of institutional management. The department recognizes that the majority of offenders will be released into the community and that the offender's eventual reintegration may be more successful if a visitation program permits the maintenance of social relationships. Visiting may improve public safety and encourage offender accountability.

D. Definitions

Attorney Visit-visit by an attorney or authorized representative, such as a paralegal, legal assistant, law clerk and investigator whose credentials have been verified.

Contact Visit-visitation in an area free of obstacles or barriers that prohibit physical contact between offender and visitors. Contraband-

a. For the purpose of this regulation, and pursuant to R.S. 14:402, contraband means:

i. any controlled dangerous substance as defined in R.S. 40:961 et seq. or any other drug or substance that, if taken internally, whether separately or in combination with another drug or substance, produces or may produce a hypnotic or intoxicating effect. This shall not apply to a drug or substance that has been prescribed by a physician, if:

(a). the drug or substance is in a container issued by the pharmacy or other place of dispensation;

(b). the container identifies the prescription number, prescribing physician, and issuing pharmacist or other person; and

(c). the container is not concealed upon the body of the person;

NOTE: Only prescribed medication that is lifesaving or life sustaining shall be permitted and medication shall be limited in quantity to no more than that required for the duration of the visit. Visitors must advise institutional staff at the visiting desk that he/she is in possession of medication. See Section H. Visiting Guidelines for more information on medication allowed during visitation.

ii. a dangerous weapon or other instrumentality customarily used or intended for probable use as a dangerous weapon or to aid in an escape;

iii. explosives or combustibles;

iv. plans for the making or manufacturing of a dangerous weapon or other instrumentality customarily use or intended for probable use as a dangerous weapon or to aid in an escape, or for the making or manufacturing of explosives or combustibles, or for an escape from an institution;

v. an alcoholic beverage or other beverage that produces or may produce an intoxicating effect;

vi. stolen property;

vii. any currency or coin over the amount allowed at the institution; (see section h. visiting guidelines for more information on cash money allowed during visitation)

viii. any article of food, toiletries, or clothing;

ix. any telecommunications equipment or component hardware, including but not limited to:

(a). cellular phones;

(b). pagers;

(c). beepers;

(d). global satellite system equipment;

(e). subscriber identity module (sim) cards;

(f). portable memory chips;

(g). batteries;

(h). chargers; and

(i). cameras or recording devices.

x. Any sketch, painting, drawing or other pictorial rendering produced in whole or in part by a capital offender.

NOTE: Exceptions may be authorized by the warden. See Section H. Visiting Guidelines for more information.

Emergency-any significant disruption of normal facility or agency procedure, policy, or activity caused by riot, escape, fire, natural disaster, employee action, or other serious incident.

Employee-any person employed full-time, part-time or on temporary appointment by the department.

Excessive Contact-prolonged or frequent physical contact between a visitor and an offender that exceeds the brief embrace and kiss upon meeting and leaving and handholding. Excessive is not casual contact, but rather a pattern of contact beyond rule limits.

Immediate Family Member-includes the offender's father, mother, siblings, legal spouse, children, grandparents, grandchildren, aunts, uncles, and legal guardians including those with a "step," "half" or adoptive relationship and those persons with the same relationship of the offender's legal spouse and any others indicated on the offender's master record as having raised the offender. Verification of an offender's immediate family member may be required.

Intake Status-the status applicable to an offender within the 30-day period of time following his placement into the custody of the department. During this time, staff conducts intake processing of the offender including, but not limited to, medical and mental health assessments, custody classification and identification of programming needs and assignments.

Minor Child-anyone under the legal age of majority (18 years).

Non-Contact Visiting-visitation in an area that restricts offenders from having physical contact with visitors. Physical barriers usually separate the offender from the visitors with screens and/or glass. Voice communications between the parties are typically accomplished with phones or speakers. Non-contact visiting may also include video visitation.

Serious Bodily Injury-for the purpose of this regulation, bodily injury that involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.

Sex Crime Involving a Minor Child-any conviction of a sex offense as defined in R.S. 15:541 that was committed, attempted or conspired in which a minor child was involved, victimized or the intended victim.

Suspension of Visiting-the discontinuation of an offender's visiting privileges for a determinate period of time excluding approved clergy visits, attorney visits and special visits.

Terminally Ill Offender-for the purpose of this regulation, any offender who is diagnosed with a terminal illness and death is expected within one year. The medical condition of a terminally ill offender is usually permanent in nature, and carries a poor prognosis.

Video Visitation-a method of visitation that allows offenders to visit through electronic media. Video visitation is considered a special visit.

E. Visitation Eligibility

1. Offenders Eligibility

a. All offenders, except those offenders in intake status or as specifically provided herein, shall be eligible to apply for visitation while housed in a departmental facility.

b. Offenders in Intake Status

i. Visitation shall not be allowed for offenders in intake status. If the intake process exceeds 30 days, the offender may request a special visit with immediate family members in accordance with the reception center's visiting procedures. Once an offender is removed from intake status, visitation with immediate family members may be authorized by the receiving facilities warden or designee, who shall be an assistant warden or higher specified by facility policy, at the request of an offender until the offender's visitation application process is complete.

c. Offenders Transferred to Another Facility

i. Offenders transferring to another institution may be authorized to visit with their approved visitors at the receiving institution at the discretion of the receiving facility's warden or designee, who shall be an assistant warden or higher specified by facility policy.

d. Offenders With No Established Visiting Record

i. Offenders entering an institution with no established visiting record may be granted tentative approval to visit immediate family members upon the request of the offender and at the discretion of the warden or designee, who shall be and assistant warden or higher specified by facility policy. Disapproval of such requests shall be based upon legitimate security considerations. These immediate family members must be claimed on their master record; verification may be required.

2. Prospective Visitor Eligibility

a. Any persons may apply to visit an offender housed in a departmental facility upon the offender's request.

b. A prospective visitor's prior criminal conviction alone shall not disqualify them from visiting an offender. However, an individual may be deemed ineligible to visit an offender where the nature of the crime reasonably suggests that their presence on facility grounds may impair or threaten the security or stability of the facility. This determination shall be made with written justification by the warden or designee, who shall be an assistant warden or higher.

i. Victims

(a). Visits from the offender's direct victim(s) shall be prohibited except in accordance with established procedures.

ii. Ex-Offenders/Parolees/Probationers

(a). A prospective visitor's status as an ex-offender, parolee, or probationer shall not disqualify them from visiting an offender. An approval letter completed by the applicant's supervising officer shall create a presumption that the applicant should be eligible for visitation. A person who has been convicted of a felony in any state or federal jurisdiction who has not been finally discharged from an institution or from probation or parole supervision for more than two years without an intervening criminal record may only be denied approval for visitation at the discretion of the unit head or designee, who shall be an assistant warden or higher specified by facility policy, with approval of the chief of operations. This determination shall be made with written justification of the unit head or designee's determination that the prospective visitor's presence on facility grounds may impair or threaten the security or stability of the facility.

(b). A person who in the previous five years had three or more felony convictions may be considered ineligible to be on an offender's visiting list or, if already on an offender's visiting list, may be removed at the discretion of the unit head or designee, who shall be an assistant warden or higher specified by facility policy, upon receiving the requisite number of convictions and approval by the chief of operations.

iii. Employees/Former Employees

(a). Visitation by current employees, or former employees of the department who have been separated from their employment within the past 10 years, may be permitted for immediate family members only. Employees or former employees who separated within the designated time frame and who worked primarily in the prison-setting shall submit requests to visit an incarcerated family member to the warden or designee of the applicable facility, who shall be an assistant warden or higher specified by facility policy. Employees or former employees who did not work primarily in the prison setting (e.g. headquarters) shall submit requests to visit an incarcerated family member to the chief of operations.

c. Exceptions to the provisions of this section, including approving a visit by a person who is otherwise not eligible to visit offenders, may be specifically authorized by the warden or designee, who shall be an assistant warden or higher specified by facility policy, on a case-by-case visit and in accordance with Paragraph F.11 of this Section.

F. Procedures

1. The unit head or designee shall ensure the procedures governing visitation as outlined in this regulation and visiting guidelines (Section H.) be made available to the offender within 24 hours after arrival at the facility to include, but not limited to:

a. facility address/phone number, directions to facility, and information about local transportation;

b. days and hours of visitation;

c. approved dress code and identification requirements for visitors;

d. items authorized in visitation room;

e. special rules for children;

f. authorized items that visitors may bring to give to the offender (e.g. photos); and

g. special visits.

2. Visitation Application Process

a. Application for Visiting Privileges

i. The communications director shall ensure the application for visiting privileges is posted on the department's website.

ii. Offenders may send prospective visitors an application for visiting privileges. Alternatively, offenders may submit a request for an application for visiting privileges to be emailed to a prospective visitor to the facility's visitation department. The visitation department shall process the form, attempt to email the application to the prospective visitor, complete the bottom portion of the form, and return a copy of the form to the offender advising him of the status of the request. The forms shall be made available to the offender as part of the intake process and upon request thereafter.

iii. All prospective visitors must complete the application for visiting privileges and submit the completed document via mail or email. The document shall be submitted directly to the facility housing the offender the visitor wishes to visit. The mailing and email addresses for submission of the visitor application shall be made available via the department's website and shall be provided on the written visitation application. Upon receipt of an emailed application, the visitation department shall notify the sender that the application has been received. Faxes of the application are not acceptable. The application shall be completed fully and honestly. Failure to provide all requested information may result in a delay in the processing of the application or a denial of visiting privileges.

iv. Parents/legal guardians shall be required to complete the application for visiting privileges for a minor child wishing to visit and shall sign the application on behalf of the minor child.

v. The warden shall designate by facility policy the section/staff assigned to receive, review and process the application for visiting privileges in accordance with this regulation.

vi. In accordance with established procedures, all visitors and offenders shall be provided equal opportunities to participate in the visitation process in accordance with the offender's security classification and housing assignment.

b. Criminal History Screening

i. The warden, or designated section/staff as specified by facility policy, shall ensure that each adult applying to visit an offender undergoes a criminal history screening through one of the following methods:

(a). criminal history background questionnaire completed by local law enforcement;

(b). CAJUN 2 inquiry;

(c). National Crime Information Center (NCIC); or

(d). Louisiana Computerized Criminal History (LACCH).

ii. In addition, approved adult visitors shall be re-screened for criminal history every two years in accordance with the provisions of this Section.

iii. When an active criminal warrant is found, the application shall be reviewed and local law enforcement shall be notified of the information provided. The information on the applicant's criminal history is treated as confidential and shall not be released to the offender.

c. Notification of Approval/Denial

i. The warden, or designated section/staff as specified by facility policy, shall be responsible for rendering a decision regarding the approval or denial of each application for visiting privileges, as well as notifying the offender and the applicant in writing of such decision. Notifying the applicant of the facility's decision shall be the responsibility of the facility, and not the responsibility of the offender.

ii. Notification by the facility shall be accomplished in the same method used by the applicant to submit their application (email or mail).

iii. The warden, or designated section/staff specified by facility policy, shall ensure that each approved application for visiting privileges is in the respective offenders' file prior to visiting.

3. Establishing and Maintaining Visiting Lists

a. Visiting List

i. Offenders shall be responsible for completing the initial request for visitors to request visitors, including providing the correct name, address, date of birth, race and sex of all prospective visitors.

ii. The initial request for visitors shall serve as the offender's visiting list.

b. Approved Visitors

i. Each offender shall be permitted up to 10 approved visitors on his or her visiting list.

NOTE: At the discretion of the warden or designee, who shall be an assistant warden or higher specified by facility policy, an offender participating in a special recognition program (i.e. PRIDE Program) may be allowed to have up to 15 approved visitors placed on his visiting list.

ii. Legal advisors, one approved religious advisor of the offender's faith and minor children shall not be counted toward the maximum number of approved visitors; however, the names of the legal advisors, one approved religious advisor, and minor children shall still appear on the offender's visiting list.

iii. Minor children may visit on any of the regular visiting days when accompanied by an adult visitor on the offender's approved visiting list. Both the minor child and the adult visitor accompanying the minor child must be visiting the same offender at the same time. Exceptions to being accompanied by an adult may be specifically authorized by the warden or designee, who shall be an assistant warden or higher specified by facility policy, and include, but are not limited to, the following:

(a). minor spouse;

(b). emancipated minors (judgment of emancipation required as proof); or

(c). minors visiting as part of approved institutional programs such as school groups, church groups, parenting groups, etc.

c. Visitors May Only be on One Offender's Visiting List

i. A visitor shall be allowed on only one offender's visiting list per institution, unless that visitor is an immediate family member of more than one offender. If a visitor is the immediate family member of more than one offender and wishes to be on multiple family members' visiting lists, the burden of proof and documentation shall be the responsibility of the offender and his family. Visitors may request that they be removed from one offender's visitor's list and placed on another offender's list in accordance with this regulation.

d. Offender Request to Change the Visiting List

i. Each offender shall be allowed to request changes (additions and/or deletions) to his approved visiting list upon arrival at the receiving institution and every four months by completing request for changes to approved visiting list.

ii. A request for changes to approved visiting list shall be made available to offenders to request changes to their approved visiting list.

e. Visitor Request to be Removed from the Visiting List

i. A person may be removed from the offender's approved visiting list at his or her own request to the institution's warden or designated section/staff as specified by facility policy. If a visitor requests such removal, the visitor must wait six months before applying to visit the same or another offender. Exceptions shall be made for the offender's parents and the adult/minor children of the offender. Other exceptions may be granted by the warden or designee, who shall be an assistant warden or higher as specified by facility policy.

f. Offender Refusal to See an Approved Visitor

i. An offender may refuse to see a visitor; however, the offender shall be required to sign a statement to that effect and the statement shall be filed in the offender's master record. Should the offender refuse to sign a statement, documentation of the refusal shall be placed in the offender's master record.

4. Treatment of Visitors

a. Employees shall be professional in their interaction with visitors at all times and shall ensure their conduct is in accordance with established policies and procedures. Failure to display professional and courteous conduct with visitors throughout the visitation process may result in disciplinary action up to and including dismissal.

b. Employees shall not subject visitors to unnecessary delay or inconvenience in accomplishing a visit.

c. Staff shall not make unnecessary or inappropriate comments regarding visitors' belongings or clothing that might cause embarrassment and shall be respectful toward visitors and their belongings at all times.

d. Reasonable Accommodations

i. Reasonable accommodation shall be made to ensure that all parts of the facility that are accessible to the public are accessible and usable by visitors with disabilities. Visitors requesting accommodations shall submit advance notice of the accommodation requested to the facility's warden or facility ADA coordinator.

e. Service Dogs

i. Visitors with a disability may be accompanied by a service dog that is specially trained to aid them. No person with a disability shall be denied the use of a service dog.

ii. Employees shall not ask a visitor with a disability the nature or extent of their disability or require documentation for proof that the dog has been certified, trained, or licensed as a service dog.

iii. In order to determine whether a dog qualifies as a service dog, employees may ask the following questions:

(a). Is the service dog required because of a disability?

(b). What work or task has the service dog been trained to perform?

iv. At the discretion of the warden or designee, who shall be an assistant warden or higher specified by facility policy, employees may ask a visitor with a service dog to remove the service dog from the premises in the following circumstances:

(a). the service dog is out of control and the visitor with the service dog does not take effective action to control the dog; or

(b). the service dog is not housebroken.

v. If a visitor with a service dog is asked to remove the service dog from the premises, the warden or designee, who shall be an assistant warden or higher specified by facility policy, shall ensure the following:

(a). the visitor is offered the opportunity to visit without the service dog; and

(b). an unusual occurrence report (miscellaneous) is completed to document the request to remove the service dog, the offer to visit without the service dog, and the visitor's decision regarding the offer.

vi. Visitors with service dogs shall be liable for any damage done to the premises, facility, operators, or occupants by the service dog.

vii. Vaccination requirement.

5. Number and Duration of Visits

a. The unit head or designee may limit the number of visitors an offender may receive, the length of visits, and the days and hours on which visits may occur based on the institution's schedule, space, and personnel resources, or when there are substantial reasons to justify such limitations (e.g. visitation may jeopardize the safety and security of the institution or visitors).

6. Designated Visiting Areas

a. Contact or Noncontact Visiting Areas

i. Designated visiting areas shall permit informal communication including the opportunity for physical contact. Noncontact visiting shall be used only in instances of substantiated security risk.

ii. Unit specific operational procedures shall designate the location(s) for offender visitation and whether the areas shall permit contact visiting or noncontact visiting.

iii. Family visiting and contact visiting shall be permitted to the extent possible. Minor children may be prohibited from participating in noncontact visiting at the discretion of the unit head or designee.

b. Visiting Room

i. Each facility, except reception centers, shall designate at least one location that shall be used for offender visitation. These areas shall be locations that ensure the safety and security of the facility and the persons involved. Visiting rooms shall be accessible to offenders with disabilities.

c. Visiting Area for Minor Children

i. The warden or designee, who shall be an assistant warden or higher specified by facility policy, shall take into consideration the impact that visits with parents or grandparents in a correctional setting may have on young children, especially pre-school age children. When possible and taking into consideration the physical environment and space capabilities, the visiting area(s) shall make special accommodations to entertain and occupy the minds of these children. These accommodations may include a separate room adjoining the main visiting area that is bright, inviting, and comfortable or a similar space within the main visiting room. Appropriate age books, games and toys shall be available in these areas. At all times, children must be supervised by the adult visitor who is accompanying the minor child on the visit. The use of this type of area shall be accomplished without the need for additional staff to supervise the area.

ii. No less than two child size chairs, crayons, and coloring books shall be available for pre-school age children at all facilities where space allows. Proper sanitation and a safety inspection of all toys shall occur at the beginning and end of each visiting day.

d. Visiting Area for Offenders in Segregated Housing

i. Offenders who are housed in segregated housing shall have opportunities for visitation unless there are substantial reasons for withholding such privileges at the discretion of the warden or designee, who shall be an assistant warden or higher specified by facility policy.

7. Supervision of Visiting Areas

a. The warden or designee, who shall be an assistant warden or higher specified by facility policy, shall ensure that staff provides direct visual supervision of the entire visitation area at all times. While mirrors and cameras can compensate for blind spots, staff shall position themselves throughout the visitation area to maintain a direct line of sight on interactions between offenders and visitors.

b. Staff shall immediately intervene on inappropriate behavior, including, but not limited to any behavior involving a violation of visiting guidelines.

c. Notices shall be posted informing visitors of the potential for monitoring anywhere in the visiting area. Staff of the same gender as the visitor shall monitor the restrooms during visits if there is reasonable suspicion that a visitor or offender may engage or be engaging in some form of inappropriate behavior.

8. Visitor Searches

a. There shall be adequately designed space to permit screening and searching of visitors.

b. In order to prevent the introduction of contraband or other prohibited items, visitors shall be subject to a search of their vehicles, possessions, and/or person in accordance with established policies and procedures.

c. Visitors and permitted service dogs as outlined in Subparagraph F.4.e may be subject to body scanning and/or the use of a metal detection system to identify external and/or internal contraband or other prohibited items that are in possession of a visitor. A visitor's refusal of the use of body scanning and/or a metal detection system may result in the denial of the visitation.

d. The following individuals may, upon request, elect not to undergo body scanning, but instead shall undergo other search techniques outlined in established policies and procedures that are deemed appropriate by the warden or designee, who shall be an assistant warden or higher specified by facility policy:

i. pregnant women;

ii. persons receiving radiation treatment for medical conditions; and

iii. infants and children 12 years and younger.

NOTE: Pregnant women and persons receiving radiation treatment must produce a doctor's note on a prescription pad verifying their health condition.

e. Signs shall be posted in the area(s) where visitors are initially processed and in the visiting rooms/areas notifying visitors that drug detection canines may be in use at the facility and visitors shall be subject to search by these canines.

9. Visiting Guidelines

a. Visiting guidelines shall serve as the department's visiting rules and shall apply to all types of visitation outlined in this regulation.

b. The unit head or designee shall ensure visiting guidelines are posted in visiting areas and visitors are informed in writing of visiting guidelines.

c. Visitation is a privilege and not a right. Violation of visiting guidelines may result in any of the following:

i. termination of the visit;

ii. restriction of the offender's visiting privileges (either noncontact visiting or suspension of visitation privileges) (See section F.18. of this regulation for more information);

iii. suspension of the visitor's privileges (See section H. of this regulation for more information);

iv. banning of the visitor from entering the institution or its grounds; and/or

v. criminal charges as circumstances warrant.

10. Unit-Specific Visiting Procedures

a. The communications director shall ensure the following unit-specific visiting information be posted on the department's website:

i. each institution's address and phone number;

ii. directions to each institution;

iii. information regarding local transportation to each institution; and

iv. visiting days and hours of each institution.

11. Special Visits

a. Special visits may be granted on a case-by-case basis with the prior approval of the warden or designee, who shall be an assistant warden or higher specified by facility policy. Unit operational procedures shall specify the parameters for such approval, with consideration given to sources of transportation, accessibility to the facility by visitors, the distance a visitor must travel, and any other special circumstances.

b. The following visits shall be considered special visits:

i. a visit that is permitted at a time and/or place at which visits are not normally permitted;

ii. a visit with a visitor on the offender's approved visiting list that is beyond the limits of the number and length of visits established by the institution's policy;

iii. a visit with a visitor who is not on the offender's approved visiting list (i.e. out-of-state family members or friends);

iv. a visit with a visitor who is otherwise not eligible to visit offenders;

v. a visit with a visitor on the offender's visiting list when the offender is subject to suspension of visiting as outlined below is Paragraph F.18 of this Section;

vi. video visitation as outlined below in Paragraph F.12 of this Section;

vii. a visit with a visitor on the offender's visiting list when the offender is hospitalized in an off-site hospital, in accordance with the hospital's visiting rules, guidelines and designated visiting hours. (it shall be the responsibility of the chaplain or other designee to coordinate the visits with security staff); and

viii. a visit with an immediate family member when the offender is admitted to an intensive care unit (ICU) or trauma center due to a serious bodily injury or due to being a terminally ill offender for the duration of the offender's admission to the ICU or trauma center, unless the warden or designee, who shall be an assistant warden or higher specified by facility policy, provides written (fax, email, or hand delivered letter) notice within six hours of the offender's admission to the ICU or trauma center to the specific immediate family member or members seeking visitation why such visitation cannot be granted, pursuant to R.S. 15:833(A).

(a). If the offender's admission to the ICU or trauma center occurs between 8:00 p.m. and 4:00 a.m., the warden or designee shall provide the required written notification within 24 hours of the time the serious bodily injury occurred.

(b). Pursuant to R.S. 15:833(A), the warden or designee shall attempt to notify the offender's immediate family within eight hours of the medical decision to transport the offender to the ICU or trauma center.

(c). Based on extenuating circumstances, the warden or designee may extend the definition of an offender's immediate family member.

12. Video Visitation

a. Video visitation involves open internet capability requiring on-site supervision at both locations when in use and shall not involve or allow connection to the department's network.

b. The warden or designee, who shall be an assistant warden or higher specified by facility policy, shall ensure that all laptops, laptop connection cards or wireless internet connection cards are maintained in a secure location when not in use that is not accessible by offenders or other unauthorized persons.

c. The warden or designee, who shall be an assistant warden or higher specified by facility policy, may approve the set-up and use of video visitation and shall ensure that a staff member or approved volunteer is assigned to monitor the visit at an appropriate, conducive visitation area.

d. The warden or designee, who shall be an assistant warden or higher specified by facility policy, shall be responsible for ensuring that staff and/or volunteers are present at the remote location of the video visitation. Staff and/or volunteers at the remote location shall document that they and the approved visitor(s) are the only individuals present for the video visitation.

e. Any other person present is required to have written permission from the warden or designee, who shall be an assistant warden or higher specified by facility policy, to participate in the video visitation.

13. Picnic Visits

a. When the institution's schedule, space, and personnel resources permit, picnic visits may be authorized by the warden or designee, who shall be an assistant warden or higher specified by facility policy. The warden or designee shall be responsible for designating the area of the institution for the picnic visit and authorizing any foods or other items that may be permitted during picnic visits.

14. Court Ordered Visitation with an Incarcerated Parent

a. Pursuant to the provisions of R.S. 9:364.1, a court may authorize visitation with an incarcerated parent. As part of such visitation order, the court shall include restrictions, conditions and safeguards as are necessary to protect the mental and physical health of the child and minimize the risk of harm to the child. In considering the supervised visitation of a minor child with an incarcerated parent, the court shall consider the best interests of the child. In cases of court ordered visitation, the department cannot deny the visit. However, such visitation shall be in conformance with all other rules and regulations that pertain to visiting.

NOTE: For the purpose of this section, "court" means any district court, juvenile court, or family court having jurisdiction over the parents and/or child at issue.

15. Visitation at Functions Events Held By Offender Organizations

a. The warden or designee, who shall be an assistant warden or higher specified by facility policy, may authorize offender organizations to hold special functions or events when the institution's schedule, space, and personnel resources permit.

b. Visitors attending the function or event shall be subject to the same security processing that applies to traditional visitation. Special guests (speakers/presenters) attending the function or event shall be processed at the direction of the warden or designee, who shall be an assistant warden or higher specified by facility policy.

16. Visitation with Sex Offenders

a. Visitation between incarcerated sex offenders and visitors requires the following exceptions to visitation eligibility and procedures outlined in Paragraph E., F.3., and F.6 of this Section.

i. Visitation Eligibility between Incarcerated Sex Offenders and Minors

(a). The following sex offenders shall be ineligible to visit with any minor child, including their own biological minor child or minor stepchild:

(i). offenders who have a current or prior conviction for a sex crime involving a minor child family member, or

(ii). offenders who have a documented history of sex abuse with a minor child family member.

(b). The following sex offenders may be authorized to visit with their own biological minor child or minor stepchild at the discretion of the warden:

(i). offenders who have a current or prior conviction for a sex crime involving a minor child when the minor child is not a family member.

(c). The following sex offenders may be authorized to visit with any minor child at the discretion of the warden or his designee:

(i). Offenders who have successfully completed or are participating satisfactorily in sex offender treatment. (Treatment staff who teach the sex offender treatment class shall be involved in the decision-making process for this type of visit.)

ii. Establishing and Maintaining Visiting Lists between Incarcerated Sex Offenders and Minors

(a). The legal guardian shall submit a written request to the warden and shall accompany the minor child during the visit. The legal guardian may be permitted to name another individual (other than the legal guardian) who is on the offender's visiting list to accompany the minor child for a visit. The legal guardian shall provide a written, notarized statement authorizing a specific individual to accompany the minor child.

17. Emergency Situations during Visitation

a. If the warden determines an emergency exists or is likely to develop, the warden may suspend visitation. If visitation is suspended, all visits and visiting activities shall be immediately terminated and visitors escorted from the facility.

18. Restriction of an Offender's Visiting Privileges

a. Noncontact Visiting

i. Offenders who are housed in segregated housing shall be limited to noncontact visiting when the institution's space and personnel resources permit.

ii. Any offender who pleads guilty or has been found guilty at a disciplinary board hearing of any of the following for the first time shall be subject to noncontact visiting for up to six months, to be determined by the warden or designee who shall be an assistant warden or higher specified by facility policy:

(a). violation of disciplinary rule number 21, sex offenses, aggravated;

(b). assault on staff; or

(c). any Schedule B disciplinary rule violation that occurs in the visitation area.

iii. Any offender who pleads guilty or has been found guilty at a disciplinary board hearing of any of the following for the second or more time within the past five years shall be subject to noncontact visiting for up to one year, to be determined by the warden or designee who shall be an assistant warden or higher specified by facility policy:

(a). violation of disciplinary rule no. 21, sex offenses, aggravated;

(b). assault on staff; or

(c). any Schedule B disciplinary rule violation that occurs in the visitation area.

b. Suspension of Visiting

i. Any offender who pleads guilty or has been found guilty at a disciplinary board hearing of a rule violation directly related to visitation may be subject to suspension of visiting in accordance with established policies and procedures. Offenders shall not be subject to suspension of visitation as a sanction for a rule violation unrelated to visitation.

ii. No offender shall be subject to suspension of visiting for six consecutive months without the approval of the chief of operations. In no event shall an offender be subject to suspension of visiting for 12 consecutive months. iii. An offender who is currently subject to suspension of visiting may be granted a special visit, as outlined above in Paragraph F.11 of this Section.

c. The warden or designee, who shall be an assistant warden or higher specified by facility policy, shall ensure that at the conclusion of an offender's restriction of visiting privileges (noncontact visiting or suspension of visiting), the offender's visiting privileges are reinstated.

19. Restriction of a Visitor's Visiting Privileges

a. Suspension of Visiting

i. Any visitor who introduces contraband into or upon the grounds of an institution, including inside personal vehicles, or commits any illegal activity on the grounds of an institution shall be subject to suspension of visiting at the discretion of the warden or designee. The suspension of visiting may be temporary (removal from visiting list for a fixed period of time) or indefinite (removal from a visiting list for an undetermined amount of time), depending upon the severity of the offense and at the discretion of the warden or designee.

(a). For the purposes of this regulation, the warden's designee shall be an assistant warden or higher specified by facility policy.

ii. Suspension of a visitor's visiting privileges at a particular institution shall include suspension of a visitor's visiting privileges at all department facilities.

iii. Procedures for Suspension of Visiting for a Visitor

(a). The warden or designee shall review the visitor's offense(s) and determine if the visitor's suspension of visiting privileges is temporary or indefinite;

(b). The warden or designee shall notify the visitor in writing that he has been removed from all applicable visiting lists, the reason why, whether the removal is temporary or indefinite, and that he may appeal the suspension of visiting in writing to the secretary within 15 calendar days of the warden's notification;

(c). If the visitor exercises this appeal right, the secretary or designee shall review the appeal and investigate, as appropriate, within 30 days of the appeal letter. The warden or designee may submit a report to the secretary setting forth any information that he feels may assist in making the decision. The secretary or designee shall render a written decision granting or denying the appeal and shall notify the visitor and the warden of the decision in a timely manner.

iv. Procedures for Reinstatement of a Visitor's Visiting Privileges

(a). Reinstatement of visiting privileges for visitors who have been removed from visiting lists shall only be considered upon written request from the offender and in accordance with this regulation.

(b). Reinstatement of visiting privileges for visitors who have been removed on a temporary basis shall only be considered after the fixed period of time for the removal has elapsed or in accordance with the secretary's decision upon appeal.

(c). Reinstatement of visiting privileges for visitors who have been removed on an indefinite basis shall only be considered after 12 months have elapsed since the visitor was removed from the visitor list and only once every 12 months thereafter or in accordance with the secretary's decision upon appeal.

(d). Should reinstatement be denied, the offender shall be notified in writing of the denial and that reconsideration shall only be available at the next opportunity for changes to the offender's visiting list.

G. Monitoring Requirements/Reports

1. Each facility shall maintain a record for each offender documenting all of the offender's visits. All visiting records/information obtained on an offender by institutional staff shall be transferred with the offender when the offender is reassigned to another institution within the department. This includes transfers to local jails and transitional work programs. The offender's current visiting information shall be utilized by the transitional work program to allow for visitation.

2. Each visit with a minor child shall be documented in the offender's visiting record.

3. The chief of operations shall ensure that data relative to offender visitation shall be submitted in accordance with established policies and procedures.

4. The warden or designee, who shall be an assistant warden or higher specified by facility policy, shall ensure data relative to offender visitation shall be submitted in the department's offender management system as appropriate.

H. Visiting Guidelines

1. The department understands the importance of visitation in maintaining an inmate's relationships; visitation is an integral component of institutional management. The department recognizes that the majority of inmates will be released into the community and that the inmate's eventual reintegration may be more successful if a visitation program permits the maintenance of social relationships. Visiting may improve public safety and encourage inmate accountability.

2. The visiting guidelines outlined in this document shall serve as the department's visiting rules and shall apply to all types of visitation.

3. Please see the department's website www.doc.la.gov for unit-specific visiting information, such as:

a. each institution's address and phone number;

b. directions to each institution;

c. information regarding local transportation to each institution; and

d. visiting days and hours of each institution.

4. Visitation is a privilege and not a right. Violation of the guidelines outlined in this document may result in any of the following:

a. termination of the visit;

b. restriction of the inmate's visiting privileges (either noncontact visiting or suspension visiting);

c. suspension of the visitor's visiting privileges;

d. banning of the visitor from entering the institution or its grounds; and/or

e. criminal charges as circumstances warrant.

5. Visitation Application Process

a. Each inmate is responsible for initiating the visitation application process by sending the application for visiting privileges to persons they wish to visit.

b. Each prospective visitor must complete the visitation application. The completed form may be mailed or emailed to the facility housing the inmate the visitor wishes to visit. Both the mailing and email address of each institution may be found on the department's website www.doc.la.gov.

i. Parents/legal guardians shall be required to complete the application for a minor child wishing to visit and shall sign the application on behalf of the minor child. Faxes of the application are not acceptable. The application must be completed fully and honestly. Failure to provide all requested information may result in a delay in the processing of the application or a denial of visiting privileges.

c. All prospective visitors must undergo a criminal history screening. Persons with convictions or pending criminal charges may be considered ineligible to visit.

d. Each inmate is responsible for completing his or her visiting list. The inmate shall be given information on the process for deleting and adding visitors to his or her visiting list and staff are available to help when needed.

6. Visiting Lists

a. Each inmate shall be permitted up to 10 approved visitors on his or her visiting list.

NOTE: At the discretion of the warden or designee, an inmate participating in a special recognition program (i.e. PRIDE Program) may be allowed to have up to 15 approved visitors placed on his visiting list.

i. Legal advisors, one approved religious advisor of the inmate's faith and minor children will not be counted toward the maximum number of approved visitors; however, the names of the legal advisors, one approved religious advisor, and minor children will still appear on the inmate's visiting list.

b. A visitor will be allowed on only one inmate's visiting list per institution, unless that visitor is an immediate family member of more than one inmate. Visitors may request that they be removed from one inmate's visiting list and placed on another inmate's visiting list.

c. If a visitor is the immediate family member of more than one inmate and wishes to be on multiple family members' visiting lists, the burden of proof and documentation is the responsibility of the inmate and his family. Examples of documentation may include marriage certificates, birth certificates, obituaries, court documents, or other documentation that clearly shows familial relationship.

d. An inmate may refuse to see a visitor.

7. Visitor Identification and Registration upon Entry to Institution

a. All visitors shall register upon entry into the institution. Each visitor shall register his or her name, address, and relation to inmate.

b. All visitors age 18 years and older shall be required to produce valid picture identification before entering the visiting area each time they visit. The only forms of identification accepted by the department are:

i. a valid driver's license from the state of residence;

ii. a valid state photo identification card from the state of residence;

iii. a valid military photo identification card (active duty only); or

iv. a valid passport.

8. Dress Code for Visitors

a. Visiting areas are designed to cultivate a family atmosphere for family and friends of all ages. Visitors shall dress and act accordingly. Visitors shall wear clothing that poses no threat to the safety, security, good order and administrative manageability of the facility.

b. The following are considered improper dress for visitation and are prohibited:

i. clothing that is similar to clothing worn by inmates, for example:

(a). blue chambray shirts;

(b). gray or white sweatshirts;

(c). gray or white sweatpants;

(d). solid white or solid gray t-shirts;

EXCEPTION: babies and toddlers

ii. clothing that is similar to clothing worn by correctional officers, for example:

(a). camouflage;

(b). blue battle dress uniforms;

EXCEPTION: babies and toddlers

iii. clothing that exposes the bare shoulders, for example:

(a). spaghetti straps;

(b). strapless;

(c). tube tops;

(d). halter tops;

(e). tank tops;

(f). strapless dresses;

iv. tops that expose the midriff;

v. sheer or transparent clothing;

vi. clothing with revealing holes or tears higher than one inch above the kneepcap;

vii. mini-skirts, skirts, shorts, skorts, culottes, dresses or any "bottom" that is shorter than one inch above the kneecap while standing or that have deep/revealing slits;

EXCEPTION: babies and toddlers

viii. swim suits;

ix. tights or pants fitting like tights (e.g. yoga pants, leggings, jeggings, leotards, stirrups, spandex, lycra or spandex-like pants, aerobic/exercise tights);

EXCEPTION: babies and toddlers

x. exposed undergarments;

xi. tops with no undergarments underneath;

EXCEPTION: babies and toddlers

xii. clothing or accessories with obscene or profane writing, images or pictures;

xiii. gang or club-related clothing or insignia indicative of gang affiliation;

xiv. no shoes;

EXCEPTION: Babies who are carried.

xv. house slippers or shower shoes; xvi. hats or other head coverings;

EXCEPTION: Babies and toddlers, or those required by religious beliefs

xvii. any other dress that the warden or designee deems improper dress for visitation.

c. Visitors wearing improper clothing for visitation as outlined above in Paragrpah F.2 should be given the opportunity to change into appropriate clothing and return to the visiting area to participate in visitation. Visitors wearing improper clothing for visitation shall not be prohibited from returning to participate in visitation once they have corrected the clothing issue.

i. A visitor without appropriate clothing shall be offered department-approved alternative clothing items to borrow from the facility at no cost. Borrowed clothing shall be screened with "VISITOR." Visitors shall return borrowed clothing to facility staff when exiting the facility.

9. Visitor Searches

a. Visitors shall be subject to a search of their vehicles, possessions and persons. This is necessary to preclude the introduction of contraband or other prohibited items into the institution.

b. Visitors may also be subject to body scanning and/or the use of a metal detection system to identify external and/or internal contraband or other prohibited items that are on or in a visitor. A visitor's refusal of the use of body scanning and/or a metal detection system may result in the denial of the visitation. The following individuals will not be subject to body scanning, but instead will undergo other search techniques that are deemed appropriate by the warden or designee:

i. pregnant women;

ii. persons receiving radiation treatment for medical conditions; and

iii. infants and children 12 years and younger.

NOTE: Pregnant women and persons receiving radiation treatment must produce a doctor's note verifying their health condition.

c. Drug detection canines may be in use at the facility and visitors shall be subject to search by these canines.

10. Personal Vehicles

a. All personal vehicles must be parked in the designated parking area and, when unattended, must be locked with the windows up and the keys removed. Loitering in the designated parking area or anywhere on the institutional grounds is prohibited.

b. Visitors must adhere to posted speed limits on the institutional grounds.

11. Intoxication. Visitors are prohibited from entering institutional grounds while under the influence of drugs, alcohol, or any other intoxicating substance.

12. Contraband (Pursuant to R.S. 14:402)

a. The introduction of contraband is a felony and punishable by a fine up to $2,000 and imprisonment up to five years with or without hard labor.

b. No person shall introduce contraband into or upon the grounds of any state correctional institution.

c. No person shall possess contraband upon the grounds of any state correctional institution. (This includes parked, locked personal vehicles.)

d. No person shall send contraband from any state correctional institution.

e. Contraband is prohibited from being brought into the institution or stored anywhere on institutional grounds.

f. Contraband includes:

i. any controlled dangerous substance (as defined in R.S. 40:961 et seq.) or any other drug or substance that if taken internally, whether separately or in combination with another drug or substance, produces or may produce a hypnotic or intoxicating effect; (This does not apply to a drug or substance that has been prescribed by a physician. See Section H.13. "Medication" for more information on exceptions.)

NOTE: The introduction of any controlled dangerous substance (as defined in R.S. 40:961 et seq.) upon the grounds of any state correctional institution is considered distribution of a controlled dangerous substance and is subject to the penalties in R.S. 40:961 et seq.

ii. a dangerous weapon, or other instrumentality customarily used or intended for probable use as a dangerous weapon or to aid in an escape;

iii. explosives or combustibles;

iv. plans for the making or manufacturing a dangerous weapon or other instrumentality customarily used or intended for probable use as a dangerous weapon or to aid in an escape, or for the making or manufacturing of explosives or combustibles, or for an escape from an institution;

v. an alcoholic beverage or other beverage, which produces or may produce an intoxicating effect;

vi. stolen property;

vii. any currency or coin over the amount allowed at the institution; (See Section H.14. "Money" for more information.)

viii. any article of food, toiletries, or clothing, unless authorized by the warden; (See Section H.17. "Visitation with Minor Children" for information on exceptions.)

ix. any telecommunications equipment or component hardware, including but not limited to:

(a). cell phones;

(b). pagers;

(c). beepers;

(d). global satellite system equipment;

(e). sim cards;

(f). portable memory chips;

(g). batteries;

(h). chargers;

(i). cameras or recording devices;

x. any sketch, painting, drawing or other pictorial rendering produced in whole or in part by a capital inmate, unless authorized by the warden.

13. Medication

a. A drug or substance is not considered contraband if:

i. the drug or substance is in a container issued by the pharmacy or other place of dispensation;

ii. the container identifies the prescription number, prescribing physician, and issuing pharmacist or other person; and

iii. the container is not concealed upon the body of the person.

b. Only prescribed medication that is life-saving or life-sustaining (e.g. nitroglycerine pills, inhalers, oxygen, etc.) shall be permitted.

c. Medication shall be limited in quantity to no more than that required for the duration of the visit.

d. Visitors must advise institutional staff at the visiting desk that he/she is in possession of medication.

14. Money

a. Vending Machines/Concessions. Visitors are allowed to bring only enough cash money for vending machines and/or concessions in the institution's visiting area.

b. Kiosk Machines for Inmate Accounts. Financial transactions for inmate accounts shall be in the form of cash and/or credit/debit card payments and shall be made at the kiosk machines in the institution's visiting area. (Contractor fees may apply to this transaction.)

c. All other money from permissible sources may be accepted and processed in accordance with established policies and procedures.

15. Supervision of Visiting Areas

a. Staff will provide direct visual supervision of entire visitation area at all times.

b. Monitoring may also be in use in the visitation area and visitors shall be subject to this monitoring.

16. Contact during Visiting

a. Inmates who have contact visiting are permitted to visit in an area free of obstacles or barriers that prohibit physical contact.

b. During contact visiting, inmates and visitors may exchange a brief embrace and kiss upon meeting and leaving and may hold hands. Contact that exceeds these parameters is prohibited.

c. Inmates who have noncontact visiting are restricted from having physical contact with visitors by a physical barrier (e.g. screen or glass). Voice communication is typically accomplished through phones or speakers.

17. Visitation with Minor Children

a. Minor children may visit on any of the regular visiting days when accompanied by an adult visitor on the inmate's approved visiting list. Both the minor child and the adult visitor accompanying the minor child must be visiting the same inmate at the same time.

b. At all times, children must be supervised by the adult visitor who is accompanying the minor child on the visit.

c. If an infant is visiting, the following items shall be permitted:

i. four diapers;

ii. one clear plastic bag of baby wipes;

iii. two jars of vacuum-sealed baby food;

iv. one plastic baby spoon;

v. two plastic bottles of milk, juice, or water;

vi. one change of clothes;

vii. one baby blanket, width and length not to exceed 48 inches.

d. The infant's items (except the baby blanket) must be stored in a single clear plastic container and are subject to search. The infant may keep his/her baby blanket on his/her person.

e. Infants and small children may be permitted to sit on the lap of the visitor and/or inmate that he/she is visiting.

18. Visitation between Sex Offenders and Minor Children

a. The following inmates are ineligible to visit with any minor child, including their own biological minor child or minor stepchild:

i. inmates who have a current or prior conviction for a sex crime involving a minor child family member; or

ii. inmates who have a documented history of sex abuse with a minor child family member.

b. The following sex offenders may be authorized to visit with their own biological minor child or minor stepchild at the discretion of the warden:

i. sex offenders who have a current or prior conviction for a sex crime involving a minor child when the minor child is not a family member.

c. The following sex offenders may be authorized to visit with any minor child at the discretion of the warden:

i. sex offenders who have successfully completed or are participating satisfactorily in sex offender treatment. (Treatment staff who teach the sex offender treatment class shall be involved in the decision-making process for this type of visit.)

19. Court Ordered Visitation between Parent and Minor Children (Pursuant to R.S. 9:364.1, a court may authorize visitation with an incarcerated parent. As part of such visitation order, the court shall include restrictions, conditions and safeguards as necessary to protect the mental and physical health of the child and minimize the risk of harm to the child. In considering the supervised visitation of a minor child with an incarcerated parent, the court shall consider the best interests of the child.

I. Definitions for Visiting Guidelines

1.Contact Visiting-visitation in an area free of obstacles or barriers that prohibit physical contact between inmate and visitors.

2.Immediate Family Member-includes the inmate's father, mother, siblings, legal spouse, children, grandparents, grandchildren, aunts, uncles, and legal guardians including those with a "step," "half" or adoptive relationship and those persons with the same relationship of the inmate's legal spouse and any others indicated on the inmate's master record as having raised the inmate. Verification of an inmate's immediate family member may be required.

3.Minor Child-anyone under the legal age of majority (18 years).

4.Noncontact Visiting-visitation in an area that restricts inmates from having physical contact with visitors. Physical barriers usually separate the inmate from the visitors with screens and/or glass. Voice communications between the parties are typically accomplished with phones or speakers. Noncontact visiting may also include video visitation.

5.Sex Crime Involving a Minor Child-any conviction of a sex offense as defined in R.S. 15:541 that was committed, attempted or conspired in which a minor child was involved, victimized or the intended victim.

6.Suspension of Visiting-the discontinuation of an inmate's visiting privileges for a determinate period of time, excluding approved clergy visits, attorney visits and special visits.

La. Admin. Code tit. 22, § I-316

Promulgated by the Department of Corrections, Office of Adult Services, LR 5:2 (January 1979), amended LR 11:1096 (November 1985), repromulgated LR 29:2851 (December 2003), amended by the Department of Public Safety and Corrections, Corrections Services, LR 32:406 (March 2006), LR 35:1248 (July 2009), LR 37:2177 (July 2011), LR 38:835 (March 2012), LR 41:1764 (September 2015), Amended LR 491111 (6/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:833(A).