NCJ Number
41946
Date Published
1977
Length
20 pages
Annotation
THIS REPORT REVIEWS SOME OF THE ATTITUDES OF THE COURTS AND PRISON OFFICIALS ON PRISONER VISITATION RIGHTS.
Abstract
IN LIGHT OF THE REHABILITATIVE EFFECTS OF VISITATION ON ONE HAND AND THE SECURITY AND DISCIPLINE PROBLEMS WHICH CAN RESULT ON THE OTHER, REGULATION OF VISITATION IS AN IMPORTANT PART OF PRISON ADMINISTRATION. MOST COURTS AND AUTHORITIES AGREE THAT NO RIGHT TO VISIT EXISTS. BUT SEVERAL CASES DO INDICATE THAT THE CLOSER THE RELATIONSHIP, THE STRONGER THE INMATE'S INTEREST. BECAUSE OF THE IMPORTANT SECURITY AND DISCIPLINE CONCERNS OF PRISON OFFICIALS, SEARCHING AND MONITORING OF VISITORS IS GENERALLY PERMITTED. SEVERAL CASES HAVE SAID THAT INMATES AND THEIR VISITORS HAVE NO EXPECTATION OF PRIVACY WHEN THEY MEET. REGULATIONS PROVIDING FOR THE EXCLUSION OF VISITORS MUST BE CLEAR. HOWEVER, IN ORDER TO MEET DUE PROCESS REQUIREMENTS, THE REGULATIONS MUST NOT BE ARBITRARILY APPLIED NOR BE SO VAGUE AS TO GIVE PRISON OFFICIALS UNLIMITED DISCRETION. FINALLY, PRISON OFFICIALS ARE WARNED BY THE EQUAL PROTECTION CLAUSE NOT TO DIFFERENTIATE BETWEEN INMATES ON THE BASIS OF RACE, RELIGION, OR ANY OTHER UNLAWFUL CATEGORY OR PURPOSE. (AUTHOR ABSTRACT MODIFIED)...BDS