Mich. Admin. Code R. 791.6611

Current through Vol. 24-09, June 1, 2024

Section R. 791.6611 - Visit restrictions; criteria; visitor restriction list; hearing

Rule 611.

(1) A person shall not be allowed to visit, and shall be required to immediately leave department property, if he or she appears intoxicated or drugged or refuses to submit to a reasonable search.

(2) A visitor shall be permanently restricted from visits at all facilities if any 1 of the following occurs:

(a) The visitor smuggles, or conspires or attempts to smuggle, any item into or out of the facility.

(b) The visitor assaults staff or others or threatens them with physical harm.

(c) The visitor assists, or conspires or attempts to assist, a prisoner to escape.

(d) The visitor or prisoner touches or exposes breasts, buttocks, or the genital area during a visit. Touching that is incidental to a brief embrace permitted at the beginning and end of a visit shall not be subject to this restriction.

(e) The visitor has a pending felony or misdemeanor charge or has been found guilty of a felony or misdemeanor that occurred in connection with a visit.

(3) A visitor shall be placed on a 90-day restriction of visits at all facilities if any 1 of the following occurs:

(a) The visitor makes a false statement with respect to visiting.

(b) The visitor damages, or attempts to damage, department property or engages in disruptive behavior while on department property.

(c) The visitor removes or attempts to remove any item from the institution that is not authorized by the institution.

(4) When a visitor restriction is proposed by the institution, the visitor shall be temporarily restricted from visits at all facilities pending a formal hearing, pursuant to the provisions of R 791.3315, to determine if the restriction is proper based upon the requirements of subrules (2) and (3) of this rule. The hearing shall be held within 30 business days of the date that notice of the hearing is mailed or given to the visitor, unless there is a reasonable cause for delay as determined by the hearing officer.

(5) A visitor who has been restricted from visits at all facilities pursuant to the provisions of subrules (2) and (3) of this rule shall be placed on a restricted visitor list. The deputy director for correctional facilities may grant reconsideration and removal from the restricted visitor list for visitors who have been permanently restricted.

Mich. Admin. Code R. 791.6611

1979 AC.; 1993 AACS; 1995 AACS