Section 791.6609. Limits on visitation.

(1) Except as otherwise provided in this rule, any person who is not subject to a current visitor restriction pursuant to the provisions of R 791.6611 may visit a prisoner if all of the following provisions   are complied with:

(a)   The person presents valid and adequate proof of identification.

(b)   The person is on the prisoner's list of approved  visitors,   as provided in subrule (2) of this rule.

(c)     The  visit  is  within  the  allowable quota  established  by  the department.

(d)  The visit does not constitute a threat to the prisoner's physical or mental well- being.

(e)    The visit does not constitute a threat to public safety or to the order and security of the institution.

(f)  Allowing the visit is not harmful to the prisoner's  rehabilitation.

(g)   The purpose of the visit is not to commit an illegal act.

(2)   Except as provided in R 791.6607(2) and subrule (3) of this rule, a person may visit a prisoner only if he or she is on the list of approved visitors for that prisoner, which  shall  consist  of   the  prisoner's immediate family members and not more than 10 other persons. The approved visitors list shall be subject to all of the following restrictions:

(a)   A person may be on the approved visitors list  of  any  prisoner    to whom she or he is related as an immediate family member, but shall be on the list of only 1 prisoner at a time to whom she or he is not related as an immediate family member.

(b)   A person on an approved visitor list shall be not less than 18 years of age, unless he or she is the child, stepchild, or grandchild   of  the prisoner or an emancipated minor who can show proof of emancipation.

(c)   If the person is claimed to be an immediate   family  member,  the prisoner shall present adequate proof of the relationship, as determined by the warden or his or her designee.

(d)  A prisoner may add or delete names of immediate family members from his or her approved visitors list at any time, but shall be allowed to add or delete other names only once every 6 months.

(e)    A person shall be removed from a prisoner's approved visitors list upon written request by the listed person.

(f)   A warden may deny placement of  anyone  on  a  prisoner's  approved visitors list for reasons of safety or security of the  institution, protection of the public, previous violations of visiting room rules by the person, or for other cause as determined by the warden. A denial of placement on the list may  be   appealed through   the   prisoner  grievance process.

(3)   The warden may allow a single visit between a prisoner and a person who is not on the approved visitors list of the  prisoner  if   the   warden determines the visit is in the best interest of the prisoner and is not  a threat to the good order and security of the facility.

(4)   Each institution shall prescribe and display reasonable rules of conduct for visits to preserve public safety and institutional security and order and to prevent conduct that may be offensive to others who may be present. If a prisoner or visitor violates    the    provisions    of    this subrule, then the visit may be terminated and the

prisoner and visitor may be subject to sanctions up to and    including    a    permanent restriction  of  all visits or restriction to noncontact visiting only.

(5)   Subject to the restrictions in subrule (6) of this rule, a child who is under the age of 18 may visit a prisoner only if the  child   is  on  the prisoner's approved visitors list and is accompanied by an adult immediate family member or a legal guardian, unless the individual  is an emancipated minor.

(6)   A child who is under the age of 18 shall not be permitted   to  visit if any of the following provisions apply:

(a)  The  parental  rights  of  the  prisoner to the  child   have  been terminated.

(b)   There is a court order prohibiting visits between the  child and  the prisoner.

(c)   The prisoner has been convicted of child  abuse,   criminal  sexual conduct, or any other assaultive or violent behavior against the child or a sibling of the child, unless specific approval  for  the   visit   has   been granted by the director.

(7)   Except as provided in subrule (8) of this rule, a prisoner, a former prisoner, a probationer, or a parolee shall not be allowed to visit with  a prisoner unless the person is on the prisoner's approved  visitors  list and all of the following criteria are met:

(a)  The person is an immediate family member of the prisoner.

(b)   Prior approval for the visit is obtained  from  the     warden    of    the institution where the visit will occur.

(c)    In the case of a probationer or   parolee,   prior      approval     for      the visit is obtained from the warden of the institution and  the  supervising field agent.

(8)    A former prisoner shall be allowed to visit if she or he      is      one      of the individuals identified in R 791.6607(2).

(9)   For purposes of this rule, "immediate family member"      means     any      of the following persons:

(a)  Grandparent.

(b)   Parent.

(c)   Stepparent.

(d)  Spouse.

(e)   Mother-in-law or father-in-law.

(f)  Child.

(g)   Stepchild.

(h)   Grandchild.

(i)   Sibling.

(j)   Stepbrother or stepsister.

(k)   Aunts and uncles if verification is provided  that   they    served      as surrogate parents.

(10)    A prisoner who is hospitalized may receive visitors only if he or she is critically ill, as verified by the attending physician, and  prior approval is granted by the warden or deputy warden.

(11)   The director may permanently restrict  all  visitation   privileges, except with an attorney or member of the clergy, for  a  prisoner   who   is convicted or found guilty of any of the following:

(a)  A felony or misdemeanor that occurs during a visit.

(b)   A major misconduct violation, as defined in R  791.5501,  that   occurs during a visit or is associated with a visit.

(c)   An escape, attempted escape, or conspiracy to escape.

(d)  Two or more violations of the major misconduct charge  of  substance abuse.

(12)   The director may grant reconsideration and removal of a permanent visitor restriction of all visitation privileges that is imposed pursuant to subrule (11) of this rule.

(13)   Nothing in this rule creates an enforceable right of the prisoner to receive a visit or of a visitor to visit a prisoner.

History: 1979 AC.; 1993 AACS; 1995 AACS.