240 R.I. Code R. 240-RICR-20-00-1.6

Current through December 26, 2024

Section 240-RICR-20-00-1.6 - Departmental Standards for Visiting Rules and Procedures

A. Wardens shall establish the number of days and hours that visiting is permitted, the length of a single visit, the number of weekly visits per inmate, and the number of persons who may visit an inmate simultaneously.

B. Each facility's visiting rules and procedures provide each inmate at least three (3) visiting periods per week for inmates who are NOT on Administrative Restricted Status.

C. The facility visiting periods shall be at least one and one-half (11/2) hours in length.

D. Smoking is prohibited in all facilities' visiting areas, consistent with Rhode Island State Law and Departmental policy (See the most recent version of RIDOC Policy #8.08 DOC; Smoking and Tobacco Regulations). All use of tobacco products is prohibited within any and all buildings and property under the control of RIDOC.

E. Each Warden determines the degree of informality during visits, consistent with the facility's overall security requirements.

F. Visiting rules and regulations for inmates shall be posted in each block or living unit of the facility and shall include, but not be limited to, visiting hours and dress code.

1. In addition, copies of this policy, Visitor Dress Code (§ 1.17 of this Part), and corresponding facility-specific procedures shall be posted in English and Spanish in facility visiting waiting rooms.

G. Each Warden ensures transportation schedules for public transportation are posted in a conspicuous location at the entrance or lobby of his/her facility.

H. Each Warden ensures that a sign is prominently displayed stating "Vehicles on RIDOC Property are Subject to Search".

I. All facility visiting rules shall be enforced.

J. Consistent with the Department's Code of Ethics and Conduct, Departmental employees will treat visitors to RIDOC fairly, politely, and in a professional manner.

1. Visitors wishing to file/submit complaints regarding treatment by RIDOC staff should submit them in writing to the facility Warden/designee.

2. The Warden/designee will advise the visitor of his/her findings in writing.

K. In addition to items §§ 1.6(A) through (J) of this Part above, the following basic rules and regulations pertain to all facilities of RIDOC which allow contact visits:

1. Inmates in disciplinary segregation are authorized visits with attorneys and clergy only.

2. Visitors who have not cleared background investigations (i.e., both BCI and NCIC checks) are not permitted to visit unless specifically approved by the Assistant Director of Institutions and Operations ("ADIO") or designee.

3. Immediate family members may only be granted visits with the approval of the ADIO/designee if they:

a. Have a felony criminal record

b. Have a pending criminal charge

c. Are currently on probation for a misdemeanor or felony charge

d. Are currently serving a deferred sentence for a misdemeanor or felony charge

4. Any visitor who is not an immediate family member (as defined in § 1.4(B) of this Part) may only be granted visits with the approval of the ADIO/designee if they:

a. Have a felony record

b. Have a pending criminal charge

c. Have pled nolo contendere to, or been convicted of, a misdemeanor

d. Are currently on probation for a misdemeanor of felony charge

e. Are currently on deferred sentence for a misdemeanor or felony charge

(1) It is at the Warden's/designee's discretion to grant visiting privileges to a visitor who is not an immediate family member (as defined in § 1.4(B) of this Part) and has a misdemeanor record.

(2) Exceptions to other categories listed above may only be granted by the ADIO/designee.

(3) S/he will consider factors including, but not necessarily limited to, nature of the felony and age of the criminal record, nature of the pending charge(s), and/or nature of the offense for which the visitor is currently on probation or deferred sentence.

(4) In the event the visitor is a co-defendant, visits will only be allowed with the inmates' attorney present, at a designated time, to be arranged by the attorney in consultation with the Warden/designee.

5. The following restrictions apply to ALL visitors:

a. Pending charges: Visits will be limited to once per month.

(1) Exception: In the event the visitor is a co-defendant, visits will be allowed with the inmates' attorney present, at a designated time, to be arranged by the attorney in consultation with the Warden /designee.

b. Felony Convictions: Visits, if granted, will be limited to once per month until the visitor has demonstrated he/she was a law-abiding citizen for three (3) consecutive years. This may be demonstrated in one of two ways:

(1) His/her (latest) felony conviction is more than three (>3) years old (if not incarcerated for this felony conviction); or

(2) He/she was released from incarceration (at RIDOC or any other correctional jurisdiction/institution) at least three (3) years ago.

c. The once-per-month restriction will be lifted following the three (3) year period.

d. Such visitors are subject to all other rules and regulations, search procedures, and registration requirements as outlined for each facility.

6. Visitors must show proper photo identification (ID) upon request, such as valid driver's license, valid military ID, passport, or valid IDs issued by the Departments of Transportation, Elderly Affairs or Administration, Division of Motor Vehicles.

a. Social security cards and Welfare IDs are NOT considered proper forms of identification. Birth certificates are acceptable for visitors under 18 years of age only.

7. Visiting occurs in designated visiting areas only.

8. No detours will be made, and visitors will not stop along the way to talk to anyone unless so instructed by authorized personnel.

9. Inmates' attorneys may visit inmates as frequently as necessary for the purpose of assisting their clients. (See the most recent version of RIDOC Policy #13.02 DOC, Access to Institutional Facilities by Attorneys and their Agents.)

a. Similarly, clergy may visit with inmates, provided, however, such visits are coordinated through RIDOC's Chaplaincy Program, consistent with Part 10-00-2 of this Title, Religious Programs and Services

10. If possible, attorney and clergy visits are to take place during normal visiting hours. However, they will be accommodated outside normal visiting hours as well.

11. Kissing and embracing (of short duration) are limited to the commencement and completion of the visit.

12. Inmates' and visitors' hands are to be on or above the table at all times.

13. No food may be brought into the facility (exceptions: Minimum Security/Work Release; however, drinks are not allowed at Minimum Security/Work Release).

14. Visitors will neither give articles to nor accept articles from inmates.

15. Inmates are not allowed to use vending machines.

16. No item will be accepted from a visitor for an inmate unless it has specifically been approved by the Warden/designee.

17. RIDOC's standard Visitors Dress Code may be found in § 1.17 of this Part, Visitors Dress Code. Additional dress requirements may be developed by facility Wardens.

18. Visitors and inmates will refrain from using loud, abusive, and obscene language.

19. Inmates and adult visitors are responsible for the behavior of children. Children must be supervised and cannot run or play loudly.

20. Departure from the Visiting Area by either the inmate or the visitor terminates the visit, except when:

a. A visitor must leave the Visiting Area to use the restroom. A visitor who leaves the Visiting Area to use the restroom must pass through the metal detector again before re-entering the Visiting Area.

b. If there are two (2) adult visitors and one of them leaves the Visiting Area for any reason other than to use the restroom, the inmate may remain in the Visiting Room until the second visitor leaves.

21. Inmates and visitors are subject to searches of their persons and effects.

22. All inmates are responsible for adhering to the specific visiting rules established in the facilities in which they reside. These rules are posted in each facility and are communicated to inmates upon commitment to the facility. The following general visiting rules apply to all inmates:

a. Notification of Visit: All inmates will report directly and promptly to the Visiting Room when notified of a visit. Facility staff will not search for inmates who are not in designated locations.

b. Inmate Search Procedures

(1) Prior to Commencement of Visits: All inmates entering the Visiting Room are subject to frisk- and/or strip searches prior to the commencement of visits.

(2) Following Visits: All inmates are subject to strip searches following visits.

(3) Inmate strip searches mentioned in §§ 1.6(K)(22)(b) ((1)) and ((2)) of this Part above include following visits from attorneys and clergy who are NOT staff members of RIDOC.

(4) All searches shall be in accordance with the most recent version of RIDOC Policy #9.14 DOC, Detecting Contraband on or in the Possession of Inmates/Detainees (including Frisk, Strip and Body Cavity Searches) or in Inmate Transport Vehicles.

23. Any inmate who has been charged with or convicted of any sexual crime involving a minor (to include child pornography) is not allowed to have minors sitting next to him/her or sitting on his/her lap at any time during visits, to include the child(ren) of the inmate.

240 R.I. Code R. 240-RICR-20-00-1.6