Section 95.233. Visiting

The following are the minimum requirements applicable to inmate visiting:

(1) Written local policy must explain inmate visiting procedures, including:

(i) Availability of contact or noncontact visitation, or both.

(ii) Visitor approval procedure.

(iii) Frequency and duration of visits.

(2) Written local policy must require that visitors register upon admission to the prison. Written local policy must describe the circumstances and the types of searches under which visitors are subjected.

(3) Written local policy must require that each inmate be permitted at least 30 minutes of visitation time weekly. Restrictions may be placed on visiting, including denial of a visit, when, in the discretion of the prison administrator, the restrictions are necessary to maintain the safety or security of the prison.

(4) Written local policy must, in accordance with the Official Visitation of Prisons Act (61 P. S. § § 1091—1095), provide for visits by official visitors. Written local policy must require that accommodations be made to provide for the privacy of conversation during these official visits.

(5) Written local policy must allow for visits by an inmate’s attorney or clergy. Written local policy must require that accommodations be made to provide for the privacy of conversation during these visits.

(6) Written local policy must require that each inmate be provided inmate visiting information upon admission. This information must also be made available to the public.

The provisions of this § 95.233 readopted May 18, 1979, 9 Pa.B. 1619; amended October 10, 2008, effective October 13, 2009, 38 Pa.B. 5627. Immediately preceding text appears at serial pages (263839) to (263840).

Notation

Authority

The provisions of this § 95.233 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(3) and (4) of the act of December 27, 1965 (P. L. 1237, No. 502) (61 P. S. § 460.3(3) and (4)).

Notes of Decisions

Evidence

Evidence insufficient to show regulation violated. Montagano v. Sweeney, No. 94-2959, 1995 U. S. Dist. LEXIS 6169 (May 4, 1995).

Procedure

While it is very likely true that inmates will perceive any suspension of a spouse’s visiting privileges as punitive, this regulation cannot be read to suggest that any decision to deny or suspend visiting privileges must be accompanied by an opportunity to be heard. Montagano v. Sweeney, No. 94-2959, 1995 U. S. Dist. LEXIS 6169 (May 4, 1995).