240 R.I. Code R. 240-RICR-20-00-1.10

Current through December 26, 2024

Section 240-RICR-20-00-1.10 - Visitor Registration and Search Procedures

A. Approved visitors shall report to the appropriate facility's Reception Desk on the scheduled visiting day and properly sign the Visiting Register. The Register shall include visitors' names, addresses, and relationships to inmates, as well as purpose of the visits, inmates' names, and current date and time, and should include minor children.

B. Visitors shall present proper photo identification to the Reception Desk Officer. He/she shall ensure visitors' names appear on the approved visiting list and that specific inmates are, in fact, scheduled for visits on that day. Once this information is verified, visitors are allowed to proceed.

C. ALL visitors must submit to a BCI/NCIC check to determine whether the visitor has a criminal record and/or outstanding warrant.

1. If the BCI/NCIC check does not reveal an active warrant or other disqualifying reason for disallowing the visit, the Reception Desk Officer allows the visitor to enter the Visiting Room.

2. If the BCI/NCIC check reveals an active warrant, the Reception Desk Officer will:

a. Notify the visitor of the active warrant.

b. Contact the RISP to determine if the warrant involves a violation only (as opposed to a misdemeanor or felony). Only visitors with outstanding warrants for offenses for which incarceration is a possible sanction are detained.

c. If the offense is one for which incarceration is a possible sanction, detain the visitor until he or she is taken into custody by RISP or other appropriate law enforcement officials.

d. If the offense is not one for which incarceration is a possible sanction, release the visitor.

3. Visitors are subject to background re-checks (BCI and NCIC) as determined by the Warden/designee(s).

D. ALL visitors are required to successfully pass through the metal detector before gaining entrance into a facility.

E. Visitors may be required to submit to a mechanical search (hand frisker or metal detector), pat search (conducted by a correctional officer of the same sex), and/or search using narcotics detection equipment at any time.

F. Each Warden ensures that the following notifications are conspicuously posted in the lobby or other entrance (to appear in English and Spanish):

1. "ALL VISITORS ARE SUBJECT TO SEARCH. THIS SEARCH MAY INCLUDE A VISUAL INSPECTION OF THE VISITOR'S OPEN MOUTH".

2. "A BCI/NCIC check will be conducted to reveal criminal history and/or outstanding warrants and those outstanding warrants may lead to detention and arrest."

G. Visitors who are unable to clear the metal detector may be asked to remove and submit outer articles of clothing that may cause a high reading to a staff member for examination. Refusal to comply results in denial of the visit.

H. A visitor who is denied entrance or asked to leave is told the reason for such action, except when it is deemed that to specify the reason may jeopardize security interests or the safety of any individual.

1. Where the problem is something that clearly can be remedied, the visitor may be told he/she may return to the facility at some specified time in the near future (for example, once he/she has proper identification or is appropriately dressed). In cases where this is not applicable, the visitor is told to contact the Warden before returning to the facility.

2. The officer(s) responsible for denying entrance or terminating a visit shall, except where such denial or termination is based on prior order of the Warden, file an incident report with the Warden prior to the end of the shift. This report includes the names of the visitor and the inmate-visitee, the time of denial or termination, the reason(s) for denial or termination, and whether the visitor has been informed he/she may return at some specified time in the near future or upon satisfaction of some condition.

I. Warden's Review: The Warden/designee promptly reviews all visitor incident reports and conducts a factual investigation, to include contact with the person who has been denied visiting privileges. After such review, and within one week of receipt of the incident report, the Warden does one of the following:

1. In a case where the visitor has been told he/she may return to the facility at some specified time or upon the satisfaction of a stated condition, the Warden takes no action, thus allowing the resumption of visits to occur.

2. The Warden notifies the visitor he/she may return to the facility to resume visiting.

3. The Warden notifies the visitor in writing that he/she may resume visiting under specified conditions.

4. The Warden notifies the visitor in writing that visiting privileges are suspended for a specified period, up to one (1) year, and that he/she may reapply for admission at the end of the period or that readmission will be automatic.

a. The written notice shall contain a statement of the reason(s) for the Warden's action, except when in his/her opinion specifying the reason(s) may jeopardize security interests or the safety of any individual. A copy of each such notice is sent to the ADIO/designee, and a copy is given to the inmate who is visited by the individual.

5. Every Warden's written notice, described in §§ 1.10(H)(3) through (4) of this Part, shall advise the visitor that he/she may seek a review or reconsideration of the barring, suspension, or restrictions by the Warden by sending him/her a letter within fifteen (15) working days.

a. The visitor's letter should include a detailed narrative describing the incident and setting forth the reason(s) the visitor feels the bar, suspension, or restriction should be lifted.

6. The Warden reviews any visitor's letter and normally responds within two (2) weeks to a letter seeking review or reconsideration of any bar, suspension, or restriction still in effect.

7. The Warden may take any action he/she deems necessary to resolve questions raised by a visitor's letter including, but not limited to, additional investigation of the facts; consultation with the ADIO, Department's Legal Counsel; or conducting an informal meeting. After his/her review, the Warden may eliminate, reduce, or modify the specific limitation on visiting. No person is penalized for exercising his/her rights of appeal provided by these regulations.

8. Before the Reception Desk Officer excludes a professional visit, the Warden, Deputy Warden, or Shift Commander is consulted. The person so consulted speaks with the ADIO/designee regarding professional visits prior to any bar. The Warden then makes the decision as to whether exclusion is appropriate. Within fifteen (15) working days of any such exclusion, the Warden takes any of the actions listed in the section entitled "Warden's Review". In addition to the right to seek reconsideration or review by the Warden, the attorney or official may immediately appeal any exclusion to the Director/designee.

9. This Department's Inmate Facility Tracking System (INFACTS) includes information relative to barred and suspended visitors. Wardens ensure this information is entered accurately and in a timely manner. Whenever an inmate whose regular visitor is suspended is transferred to another RIDOC facility, the visitor may apply to the Warden of the receiving facility for permission to visit. The Warden of the receiving facility may allow the visit or deny visitation for a period not to exceed the original suspension.

10. Drug-Related Offenses by Inmates: An inmate's behavior within the facility may affect his/her visiting status. Any offense that is drug-related may result in an inmate's visiting privileges being suspended for a period of time. Refer to the most recent version of RIDOC Policy #11.01 DOC; Code of Inmate Discipline for specific information.

240 R.I. Code R. 240-RICR-20-00-1.10