Department Operations Manual

54020.7 Visiting Days and Hours Each institution/facility shall establish a schedule that provides a minimum of 12 visiting hours per week. Each institution head shall develop an operational supplement to this Section, which includes their respective visiting schedules as follows: • Visiting days. • Four-day visiting: Thursday through Sunday. • Three-day visiting: Friday through Sunday. • Two-day visiting: Saturday and Sunday. • Visiting hours. • Holiday visiting schedule. • Security Housing Units (SHU) and Administrative Segregation Units (ASU) visiting requirements. • The institution/facility shall specify procedures and criteria for scheduling an appointment. Any routine modification to visiting hours and/or days shall be posted in areas accessible to visiting participants at least two weeks prior to implementation. Inmates may visit only during non- work/training hours including “S” time, except as provided in CCR Section 3045. Emergency Modifications of Visiting Schedule Information Visiting may, without prior notification, be terminated, temporarily suspended, or modified in response to an institution/facility emergency as determined by the institution head or designee. Modification of the visiting schedule, including updates to the telephonic visiting information system, shall be posted as soon as practical. The visiting supervisor or designee is responsible for ensuring that the telephonic visiting information system is kept updated on a daily basis to ensure minimal impact on visitors. 54020.8

54020.33.16 Food for Family Visiting Revised May 10, 2010 Inmates participating in the FVP shall be required to purchase all food for the visitor and themselves with funds from their trust account. A minimum of two meals per day, per person, shall be purchased prior to commencement of the family visit. Family Visiting Food Menu Each institution shall maintain a family-visiting menu from which to choose. The family visiting menu shall provide the following food items: • Minimum of five, maximum of ten, breakfast entrees. • Minimum of five, maximum of ten, lunch entrees. • Minimum of five, maximum of ten, dinner entrees. • Beverages, including bottled water, milk, and soda. • Fresh fruit. • Maximum of ten miscellaneous items. Visitors with infants may be allowed the following items: • Powdered or bottled formula in vendor-sealed containers. • Baby food in vendor-sealed jars. Medically Prescribed Diets Visitors shall be allowed to bring medically prescribed food items to a family visit under the following conditions: • The visitor shall provide a physician ’ s statement to the family visiting coordinator, which includes a description of the diet, and describes why the diet must be continued during the visit. • All food items must be vendor-sealed with recognizable labels. If an inmate is being supplied a nourishment bag and/or food supplements ordered by a physician or dentist, the inmate shall be provided with the prescribed dietary additions during the visit. Funds for FVP Meals Inmates shall submit a completed FVP menu form with a CDC Form 193, Trust Account Withdrawal Order, authorizing a charge to the inmate ’ s trust account, to the family visiting coordinator at least three weeks prior to the visit. At least two weeks prior to the visit, a copy of CDC Form 193 shall be delivered to the trust office by the family visiting coordinator. If sufficient Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 475 funds are not available in the inmate ’ s trust account, the family visiting coordinator shall inform the inmate that the scheduled visit has been canceled. Funds sent to an inmate’s trust account specifically designated for family visit food item and accompanied by a completed, signed CDC Form 1839, Exemption of Family Visit/Temporary Community Leave Funds from Restitution Fines/Orders, shall be exempt from restitution fines or orders. Processing of Food Order On the day of the visit, the family visiting coordinator shall facilitate the delivery of the food order to the visiting units at the commencement of the visit. Unclaimed Food Items If a family visit is canceled due to institution operations after the purchase of a food order, the inmate may request reimbursement to their trust account for the amount of the food order. Reimbursement of trust account funds shall be limited to family visit cancellations due to institutional actions such as: • Suspension of the FVP due to institution emergency. • A disciplinary hearing finding of not guilty after a charge of misconduct which restricted family visiting privileges. Such reimbursement is subject to the provisions of DOM Chapter 5, Article 53, Section 54100, and applicable Victim Compensation and Government Claims Board rules. If the family visit is canceled due to the actions of the inmate and the inmate has been charged for the food, the institution/shall allow person(s) designated by the inmate to claim the food within 72 hours of the cancellation. The final disposition of food remaining unclaimed after 72 hours shall be the responsibility of the institution. 54020.33.17

54020.29 Visiting Conduct Revised May 10, 2010 Each inmate and visitor is responsible for their conduct during visits. Violation of laws, whether or not on CDCR property, and/or CDCR policies or regulations, may result in restrictions, suspension, denial, revocation of visiting privileges, and/or arrest. An inmate and their visitor may briefly embrace and kiss at the beginning and end of each visit. Except for holding hands, no other body contact is permitted except as specified below: • An inmate may hold his or her minor children. Inmates may also hold minor children accompanied by an adult. Such contact will be monitored to ensure compliance with CCR Sections 3007 (Sexual Behavior) and 3173.1 (Visiting restrictions with minors). • Nursing mothers shall be discreet and covered when breast feeding their child in the visiting room. Failure to do so shall result in termination of visiting for that day. • Minors shall remain under the constant control and supervision of the accompanying adult. • Visitors shall not leave the designated visiting area except at the conclusion of the visit. • All food or beverage items shall be consumed or disposed of at the conclusion of the visit. During contact visits, the inmate and visitor may exchange or examine any items of property or consume any items of food or beverage that either party is permitted to bring into or purchase in the visiting area. Inmates may retain photographs that were taken during the visit. • Inmates shall not retain any items taken into any visiting area by the visitor except legal materials approved in accordance with CCR Subsections 3178(n) and (o). • In accordance with CCR Section 3006, inmates shall not be authorized to possess contraband as defined in CCR Section 3000. • Inmates shall clean their respective visiting area upon conclusion of the visit. 54020.29.1

54020.32.3 Attorney Visiting Hours Attorney visits shall normally be accommodated and/or scheduled during the institution/facility’s established regularly scheduled visiting hours and days. When regular visiting is scheduled on both weekdays and weekends, the scheduling preference will be weekdays because of the personnel and resources needed for the greater volume of weekend visits by friends and relatives. Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 472 When an institution/facility regular visiting schedule provides for inmate visitation only on weekends, an attorney visit shall be scheduled as specified below upon request of the attorney or designated attorney representative. Upon authorization of the attorney visit, the visit shall be scheduled during weekday business hours. With the exception noted below, attorneys or attorney representatives who have not been previously approved to visit should provide the institution in writing with the information required by DOM 54020.32.1 no less than five business days in advance of the desired date of the visit. This advance verification is necessary in order to conduct clearance checks, verifications, and to permit scheduling of available staff and facilities. If the clearance cannot be obtained and approved prior to the requested visit date, the attorney or attorney representative shall be contacted and informed of the reasons for the delay. Attorneys with a compelling need to visit an inmate during other than the established visiting hours shall submit a request to the institution head or designee. • Written verification of a Board of Parole Hearings hearing or consultation, scheduled evidentiary hearings, and trial or court filings that are within 30 days from the date of the visit are examples of acceptably documented compelling or emergency need for the attorney visit. Attorneys previously approved to visit at the institution/facility shall request private consultations no less than two business days in advance. • Two business days written, faxed, or phoned notices to schedule an attorney visit are particularly appropriate for attorney visits during regularly scheduled visiting days, or when scheduling an attorney visit during a normal weekday at an institution that only provides for regular visiting during the weekend, or to schedule an attorney visit on a non scheduled visiting weekday because of scheduling conflicts or other declared need. • When a previously approved attorney or attorney representative is unable to provide the two business days notice due to a scheduling conflict or for some other declared need, the institution head or designee may authorize a visit with 24-hour notice so long as the visit does not interfere with the safety and security of the institution/facility and as necessary to accommodate the attorney visit on a non scheduled visiting day. • Under extraordinary circumstances, attorneys who have not been previously approved to visit and are unable to provide the required information within five business days may be authorized by the institution head or designee to visit with no less than **24-hour notice so long as the visit does not interfere with the safety and security of the institution. 54020.32.4

54020.4 Access to Visiting Policies and Regulations Revised April 3, 2014 New inmate arrivals shall receive current written visiting policies and procedures. Institutions/facilities shall allow visitors access to all visiting policies and regulations. Copies of all visiting regulations and policies shall be maintained by visiting staff to provide access to all interested parties. Institutions/facilities shall post visiting dress standards and a schedule of visiting days and hours in all visiting centers and processing areas. 54020.5

54020.22 Non-Contact Visiting Revised April 3, 2014 Inmates assigned to Administrative Segregation Unit / Security Housing Unit (ASU/SHU) are not normally eligible for contact visits. On a case-by-case basis, the institution head or designee may allow contact visits for inmates in ASU. Inmates not assigned to an ASU/SHU may be placed on non-contact visiting status for specific periods of time by disciplinary disposition, or classification committee action in accordance with CCR Sections 3170(d) and 3176.4. Visitors who have made appointments in advance for non-contact visits shall be given priority. • Non-contact visits shall be scheduled in one-hour increments and may be extended depending on space availability and scheduling. When overcrowding occurs, those who have visited at least one hour and who have been visiting for the longest time may have their visits terminated as outlined in CCR Subsections 3176(a)(9)and (10). • Each institution/facility shall develop an operational supplement for the scheduling of non-contact visits. • Inmates undergoing reception center processing shall be limited to non- contact visiting. If the institution does not allow non-contact visiting, the institution head shall develop an alternative visiting plan to allow visiting in accordance with this Section. • Inmates determined to be disabled and housed at a reception center for periods exceeding 61 days solely due to their disability, shall be allowed regular visiting privileges in compliance with this Article. 54020.22.1

54020.22.3 Review of Newly Arriving Inmates for Visiting Status The initial classification committee shall review all newly arrived inmates who are eligible for general population placement to determine visiting status. Criteria for imposition of non-contact visiting status shall include, but are not limited to: • Violations of visiting regulations. • Recent or repeated possession of contraband (such as money, narcotics, and/or paraphernalia, escape tools or devices, etc.), the evidence or circumstance of possession of which suggests illicit acquisition through the visiting process and/or from smuggling into the institution/facility. • Assaultive, irrational, or bizarre behavior suggesting that the inmate has a high violence potential and may prove disruptive to the visiting program. • Escape risk or escape history. • The inmate is temporarily housed at an institution/facility of another law enforcement agency. • The inmate may be placed on non-contact visiting if assigned to a drug rehabilitation program which requires non-contact visiting. 54020.23

54020.33.20 Condition and Cleanliness of Family Visiting Units Each inmate shall be responsible for the care and cleanliness of the family visiting unit during a visit. Before and after each family visit, the family visiting coordinator and each inmate scheduled to visit, shall conduct a detailed inspection of their assigned unit to verify the unit's condition, cleanliness, and contents. A CDC Form 1069, Family Visiting Inventory, shall be completed by the family visiting coordinator. Each inmate shall be subject to disciplinary action, which may include suspension from participation in the FVP, for any willful damage of the unit and/or furnishings or for failure to maintain the cleanliness of the FVP unit. Inmates and/or visitors may be excluded from the FVP for willful damage of the family visiting unit. Prior to each family visit, the inmate shall submit a completed CDC Form 193. Each family visiting unit shall be thoroughly cleaned by the occupants prior to the conclusion of each visit. Cleaning materials and equipment shall be provided by the institution. 54020.34

54020.24 Food in Visiting Areas Visitors and inmates are permitted only those items purchased in their respective visiting areas. Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 470 • Inmates and visitors may not take any food items from the visiting area. Visitors at CDCR Conservation Camps are permitted to bring the following vendor-sealed food items to the picnic visiting area: • Prepared, non-marinated, unprepared, and/or lunch meats. • Cheeses. • Non-alcoholic beverages. • Six 12-ounce unopened cans or plastic bottles per inmate and visitor. • One unopened quart of milk per inmate and visitor. • One unopened six-ounce jar of instant coffee. • One unopened 16-ounce jar of barbecue sauce and/or steak sauce. • Individual sealed condiment packets: ketchup, mustard, mayonnaise, relish, sugar, etc. • One large unopened bag of chips per inmate and visitor. • Four hot dog buns per inmate and visitor. • Four hamburger buns per inmate and visitor. • One package of tortillas per inmate and visitor. • Two unsliced fruits per inmate and visitor. • One potato per inmate and visitor. • One onion or pepper per inmate and visitor. • Two bakery product servings per inmate and visitor. Food items taken into designated visiting areas shall be consumed during the visit or taken from the visiting areas by the visitors at the conclusion of the visit. 54020.25

54020.29.1 Suspension or Exclusion of Visitors from the Visiting Program Revised April 3, 2014 All visitors entering the institution/facility for the purpose of visiting an inmate are subject to all applicable policies, regulations, local procedures, and laws: • Visitors violating a policy, regulation, or law are subject to denial, suspension, or revocation of a visit in progress or exclusion from the visiting program in accordance with CCR Subsections 3176-3176.3. • Actions affecting a visitor ’ s access to the visiting program shall be recorded on SOMS titled Notices. When verbal warning and/or restrictions fail to achieve compliance, or fail to correct the conduct by a visitor, the visit shall be terminated for the day. For serious or repeated violations of the rules, regulations, or procedures and/or upon belief of the visitor’s involvement in a criminal act and pending the outcome of an investigation, the official in charge of visiting may impose a suspension of the vis itor’s access to the visiting program for up to six months in accordance with CCR Subsection 3176.1(c). • The institution head or director or designee, as appropriate, and in accordance with CCR Subsections 3176.1(d) and (e), may impose suspension for up to twenty-four months when visitors are involved in misdemeanor or felony criminal activities on institution/facility property. • Subsequent discovery of information that would have resulted in disapproval or disqualifying contact are grounds for revocation of the previously granted permission to visit an inmate. The warning, visit termination, suspension, and revocation information recorded in SOMS shall clearly state the reason for the action and the length of time any sanction or action taken will apply. The notification content of the form shall include the signature of the official taking the action and advise the Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 471 visitor of the right to appeal in accordance with CCR Section 3179. An original shall be provided to the visitor at the time of the action or mailed to the visitor ’ s last known address within five working days of the action. Records shall be maintained in SOMS and the institution head shall be notified. In all instances of exclusions made in accordance with the provisions of CCR Subsection 3176.3, a written report will be made to the Director via the Deputy Director, Division of Adult Institutions or appropriate Associate Director designee within two working days of the effective date of the order. 54020.30

54020.33.8 Processing Inmates for Family Visiting Inmates shall present their CDCR identification card to the family visiting coordinator, report to a designated area for inspection of their property, and submit to an unclothed body search. Inmates shall submit urine samples as ordered by the family visiting coordinator. The family visiting coordinator shall complete a CDC Form 1070, Family Visit Inmate Property Inventory – Male Inmate Items/1070-A, Female Inmate Items, as appropriate. The inmate shall be escorted to the proper family visiting unit. Inmates shall be authorized to bring the following items into a family visit: • Two changes of underwear. • Toothbrush. • Safety razor. • Items in accordance with this Article. The family visiting coordinator, or staff, shall provide a brief orientation of the unit to the occupants. 54020.33.9

72010.5 CDCR Form 106, Visiting Questionnaire The CDCR Form 106, Visiting Questionnaire, shall be retained in a folder and maintained by visiting room staff. • The Visiting Questionnaire folder together with the CDC Form 120, Visiting Card, shall be transferred with the inmate. 72010.6

54020.33.4 Notification of Scheduled Family Visiting Dates Revised April 3, 2014 A SOMS Notice Family Visiting Inmate Notification, shall be provided to the inmate upon scheduling of family visiting dates. • It shall be the inmate ’ s responsibility to return the signed form to the family visiting coordinator within ten working days to secure the dates. • Exchange of family visiting dates shall not be permitted. 54020.33.5

13010.15.2 Writing, Telephoning, Visiting, and Emailing an Incarcerated Person (a) Media representatives may contact any incarcerated person in State prison by mail. It is not necessary for media to notify the CDCR before communicating with an incarcerated person. Incoming non-confidential letters are opened, inspected for contraband, subject to being read, and then forwarded to the incarcerated person. To ensure prompt processing, media representatives should address lette rs using the incarcerated person’s full name, CDCR number, cell or location numbers if known, and the address of the institution where they are housed. (b) Most incarcerated people have access to telephones and can make outgoing collect calls on designated telephones according to their privilege group. Limitations are placed on the frequency of such calls to allow equal access to telephones by as many incarcerated people as possible and as determined by their privilege group. When corresponding with an incarcerated person, media representatives may provide a telephone number where they can call them collect. It is up to the incarcerated individual to initiate the call. Telephone calls are limited to 15 minutes and may be recorded. Media representatives may also record the call with the incarcerated person’s permission. Media representatives do not need CDCR’s permission to record a telephone conversation with an incarcerated person. (c) Staff will not take messages and faxes from the media to incarcerated people. (d) Media representatives may send email to an incarcerated person who is able to communicate by email via a state-issued tablet provided by an approved vendor. Depending on the facility, incarcerated people may be able to respond electronically, view and print an incoming message, and view photo attachments. (e) If a media representative wishes to visit an incarcerated person, it shall be in accordance with the visiting requirements in CCR Sections 3170-3176 and DOM Chapter 5 Article 42. A completed questionnaire must be submitted and approved by the institution before the visit. Any member of the media, once approved, may visit; however, they shall not bring in cameras or recording devices in a manner inconsistent with the DOM or State law. No incarcerated person or parolee shall have their visitation limited or revoked solely because of a visit or potential visit from a media representative, nor may an incarcerated person or parolee be punished, reclassified, disciplined, transferred to another prison against their wishes, or otherwise retaliated against, solely for participating in a visit by, or communicating with, a media representative. During an interview, media representatives shall be allowed to bring up to three (3) pens, three (3) pencils, and one (1) pad of paper into the facility. These items shall be searched to protect against an immediate and direct threat to the security of the institution. (f) To maintain order, individual safety, prison security and operations, the rules established in the CCR, Title 15, Subchapter 2, Article 7, Visiting, also apply during video visits. Since no recording, videotaping or photography is allowed during in-person visiting, the same rules apply for virtual visits. Failure to adhere to the rules by any party during a virtual visit will result in termination of the video visit, and may include disciplinary action and/or visitor suspension. 13010.15.3

54020.10.1 Visiting Restrictions for Minors Revised May 10, 2010 Any inmate convicted of specified criminal acts against minors shall be prohibited from visiting with minors in accordance with provisions of CCR Section 3173.1. • For inmates convicted of Penal Code (PC) Section(s) 261, 264.1, 266c, 285, 286, 288, 288a, 288.5, or 289 when the victim is a minor, visitation with the minor victim shall be prohibited, except as authorized by an order of the juvenile court pursuant to Welfare and Institutions Code Section 362.6. Visitation pursuant to such an order shall be limited to non-contact status. • For inmates convicted of PC Section(s) 261, 264.1, 266c, 269, 285, 286, 288, 288a, 288.5, or 289 when the victim is a minor, visitation with any minor who is not the victim of the crime shall be limited to non-contact status except as authorized by the Institution Classification Committee. • For inmates convicted of PC Section(s) 273a, or 273d, visitation with the minor victim shall be limited to non-contact status. • For inmates convicted of violating PC Section(s) 187, 269, 273a, 273ab, or 273d, when the victim is a minor, visitation with any other minor shall be limited to non-contact status except as authorized by the Institution Classification Committee. • When an inmate has been arrested, but not convicted of any crime involving a minor victim included in this Section, a classification committee shall determine whether all visitations with a minor(s) is to be limited to non-contact status. • Unless otherwise prohibited, the inmate’s visiting status shall be unrestricted until a classification committee has done the following: • Made a case-by-case determination whether the inmate poses a threat of harm to minor visitors in contact visitation. • Considered the circumstances of the misconduct involving a minor victim in determining whether the inmate poses a threat of harm to minor visitors in contact visitation. In making its determination, the classification committee shall consider, but is not limited to, arrest reports, probation officer reports, court transcripts, and parole revocation transcripts. • If a classification committee determines that the inmate will pose a threat of harm to minor visitors in contact visitation, it will order all the inmate’s visitation with minors be restricted to non -contact visiting status. • If the inmate disagrees with the decision of a classification committee, the inmate may file an inmate grievance via the CDCR Form 602-1 appeal process as outlined in CCR Sections 3084.1 through 3085. 54020.11

54020.26 Visiting with More Than One Inmate Revised April 3, 2014 Except for visits with immediate family members as defined in Section 3000 of the Title 15, visiting with more than one inmate at the same time shall require the approval of the institution head or designee. Consistent with all other requirements specified in DOM 54026.10.1. Visiting more than one inmate at the same time shall require that both inmates are approved to visit in the same visiting room and that either: • The visitor(s) has prior written approval from the institution/facility head or designee, or • The visitor(s) and inmates are immediate family members including registered domestic partner. 54020.27

54020.33.15 Authorized Property for Family Visiting Revised September 25, 2007 Visitors are authorized to possess the following items while participating in the family-visiting program: • One bag of clothing per visitor; no suitcases are permitted. • Clothing shall be in paper, plastic, or fabric bags. • Basic personal hygiene and cosmetic items in the amount necessary for the length of the family visit. • No aerosol containers. • Disposable diapers only. • Children's toys. • Simple games, coloring books, crayons, or pencils (as authorized by the institution). • Locker key. • Prescribed medications in accordance with this Article. • Prescribed birth control pills. • A spouse or registered domestic partner shall be permitted to bring in a maximum of ten commercially sealed condoms per visit. • Condoms in unsealed packaging shall not be permitted into the institution. • All unused condoms shall be retained in their sealed packaging and taken from the institution by the visiting spouse or registered domestic partner. • Under no circumstances shall an inmate be permitted to possess condoms outside of the family visiting quarters. 54020.33.16

54020.34 Appeals Related to Visiting Revised May 10, 2010 Visitors who wish to discuss visiting-related issues are encouraged to contact the visiting supervisor for resolution. Interviews shall be conducted or scheduled at the earliest opportunity. Visitors and/or inmates may register complaints/appeals regarding visiting through procedures contained in CCR Section 3179 and DOM Chapter 5, Article 53. 54020.35

54020.23 Rule Violations Related to Visiting A Hearing Officer or Senior Hearing Officer may place limitations and restrictions on an inmate’s visits for specified periods of time when the inmate is found guilty of rules violations related to visiting, distribution/possession of controlled medications, or possession of contraband likely to have been introduced through visiting; ( i.e., money, jewelry), or by classification committee action in accordance with CCR Sections 3170.4(e) and 3315. 54020.24

54020.28 Visiting in a Community Hospital Revised September 25, 2007 Visits for inmates in a community hospital may be approved under the following conditions: • The inmate has a life-threatening or critical illness/injury. • The visitor is an immediate family member including registered domestic partner. • The visitor has prior approval to visit the inmate in an institution/facility. • The institution head or designee approves the visit. • The attending physician authorizes the visit. Visitors in a community hospital shall comply with the CDCR visiting rules and any restrictions or requirements imposed by the institution/facility or hospital. The length of visiting in a CDCR infirmary, hospitals, or community hospitals shall be determined by the institution head or designee based on staff availability. 54020.29