conjugal visits california rules

Vista DUI Lawyer and Criminal Attorney Peter M. Liss

• Vista DUI Attorney
• DMV Hearings
• DUI Defenses
• Domestic Violence
• Sex Crime Defense
• Child Molestation
• Child Pornography
• Hit and Run Accident
• No-License Driving
• Reckless Driving
• Juvenile Crime
• The Three Strikes Law
• Weapons Charges
• Theft Defense
• Fraud Charges
• Drug Offenses
• San Diego Office
• The Criminal Process
• Criminal Defense FAQ
• Hiring a Criminal Lawyer
• Vista Criminal Law Blog
• Contact Us 24/7

Conjugal Visits Are Real and They’re Great for Society

May 28, 2021 Written by Jill Harness and Edited by Peter Liss

Conjugal visits are regularly referenced in movies and TV shows but they almost seem unreal. After all, why should people serving time for crimes be allowed to have sex when they’re supposed to be punished? But that’s one of the big misconceptions about what the California Department of Corrections and Rehabilitation calls “Family Visits.” The official name isn’t just bureaucratic code for conjugal visits -the real reason the state allows these visits is to provide inmates to stay close to their families. And studies show this kind of visitation program has some profound benefits.

How did Conjugal Visits Get Started?

Conjugal visits were originally introduced in Mississippi state in the early 1900s. At the time, inmates were essentially just used as slaves, even physically beaten if they broke the rules or failed to work hard enough. To provide positive encouragement for those who worked hard and followed the rules, the prison brought prostitutes for the best inmates every Sunday. Eventually, the prison started allowing prisoners’ wives and girlfriends to visit as well.

The idea eventually caught on, and over the years, many other states adopted the idea of letting wives spend time with their inmate husbands, with over 1/3 of states in the United States eventually enacting some type of conjugal visit program. Unfortunately, with the push to “get tough on crime” that took place in the 90s, many states got rid of these types of programs, which were seen as “being soft on crime” by giving prisoners “sex visits” when they should be being punished. Nowadays, the only four states that offer conjugal visits are California, Connecticut, New York and Washington.

What is a Conjugal Visit?

A conjugal visit is where an inmate gets to see their family with some slight level of privacy and intimacy. One of the big misconceptions about these visits is that they are purely designed to allow prisoners to have sex. While that may be how the program started and may be part of the experience for married couples, the true purpose of the visits is to allow prisoners the opportunity to spend time with their families. Notably, in New York, where inmates are allowed to visit with extended family members, only 48% of these meetings were with a spouse.

Even when the visit is with a spouse, most inmates say that while the chance to have sex with their partners was nice, the family visit was more about being intimate with the person they love for anywhere from 30 to 40 hours. Considering that standard prison visits require all conversations be monitored by guards, and partners are only permitted to kiss at the start and end of the visit, the chance to have private discussions for 24 hours and spend the night in bed together is a welcome change.

How do the Visits Work?

Inmates who qualify for family visits can spend up to 40 hours in an apartment located on prison grounds with their spouses, domestic partners, or other immediate family members, including children, siblings or parents. These apartments are equipped with toiletries, sheets and condoms.

Prisoners are allowed no more than four visits per year. Unfortunately, because of the program’s popularity and the limited number of prison apartment spaces, it’s more likely prisoners will only be able to participate twice a year.

Not all prisoners are eligible for the program. Anyone on death row, who is serving a life sentence, or who was convicted of a sex offense is ineligible. Additionally, inmates must have a record of good behavior, and anyone on disciplinary restrictions cannot participate. Those eligible must apply through their correctional counselor.

Visiting family members will not be strip-searched, though the prisoner will. While the visit is mostly unsupervised, the area will be searched as often as every four hours.

Visitors must follow many rules , including what they wear. For example, no one can wear blue jeans, and women cannot wear short dresses, short skirts, strapless tops or form-fitting clothing.

Why do States Allow for Family Visits?

There are many benefits, but the biggest one is a dramatic reduction in recidivism rates . One study in New Mexico (which recently discontinued conjugal visits) showed that prisoners who participated in extended family visits had 70% less chance of ending up in prison than those who did not participate.

Family visits are, therefore, more effective than education in keeping former felons out of prison. The effectiveness of these programs makes sense, considering they help maintain relationships between inmates and their loved ones. These relationships are critical in helping convicts readjust to life outside prison after release.

Though many people consider these programs to be a waste of taxpayer money, it’s been shown that every $1 spent on education in prisons saves taxpayers $5 annually due to the reduced cost of housing prisoners. Given that visits with family members cost less and are even more effective at reducing crime rates, maintaining these programs seems to be a no-brainer.

Reducing recidivism rates is not the only benefit of conjugal visits. By encouraging prisoners to be good to earn time with their loved ones, prisons can reduce violence and dangers to other inmates and guards -which could further reduce the tax rates associated with incarceration. More savings can be realized as well, because the more prisoners are model citizens, the more likely they are to be eligible for early release programs, where they can enjoy a complete family reunion outside of the prison.

There is also evidence that conjugal visits reduce prison rape . One study found that sexual violence in prison occurred at a rate of 226 per 100,000 prisoners in states without these programs while occurring at a rate of 57 per 100.000 prisoners in states with family visits.

Conjugal Visits During Covid-19

Unsurprisingly, these programs were temporarily discontinued as a result of the ongoing pandemic, but they have since been reinstated. To participate in visits , all guests over 2 must be vaccinated or show proof of a negative covid test taken within 72 and 96 hours of the visit. Following the visit, inmates must take a covid test within 72 and 96 hours. Those who test positive, are unvaccinated, or refuse to take the test will be placed in quarantine after the visit.

Alternative Sentences are Still Preferable

Of course, being allowed to continue living with your family is better than any conjugal visit. Maintaining your family life is possible if you prove your innocence or are given an alternative sentence  such as probation. Your choice of criminal lawyer makes such a drastic difference in the outcome of your case. If you have been accused of any crime, please call (760) 643-4050 to schedule a free initial consultation with Peter M. Liss.

• DUI / Felony DUI
• Driving Offenses
• White Collar Crimes
• Violent Crimes
• Sex Offenses
• Privacy Policy
• Terms of Use

Attorney Peter M. Liss, (760) 643-4050 380 S Melrose Drive #301 Vista, CA 92081

Copyright 2003, 2021 Peter M. Liss, Esq. ALL RIGHTS RESERVED

About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified defense attorney.

Conjugal Visits For Lifers In California Prisons

Conjugal visits is a controversial topic that raises a lot of questions for many people. If you’re short on time, here’s a quick answer: California banned conjugal visits for lifers and all other inmates in 2003.

In this comprehensive guide, we will explore the history of conjugal visits in California prisons, the regulations around them, arguments for and against allowing them, stats and data on their usage, and the ultimate decision to ban them in 2003 under Governor Schwarzenegger.

We will provide details on how conjugal visits worked when they were allowed, the types of inmates who qualified, what exactly happened during the visits, their purpose and perceived benefits vs. drawbacks. We’ll also look at whether there’s any chance of reinstating conjugal visits in CA prisons today.

History of Conjugal Visits in California Prisons

Conjugal visits, also known as family visits, have a long history in the California prison system. These visits allow incarcerated individuals to spend private, extended time with their spouses or registered domestic partners.

Let’s take a look at how conjugal visits came to be, how they worked, and which prisons allowed them.

When Conjugal Visits Started and Why

Conjugal visits were first introduced in California in 1918 as an effort to maintain familial ties and promote positive behavior among prisoners. The idea was that allowing inmates to maintain healthy relationships with their partners could potentially reduce recidivism rates.

Over the years, conjugal visits became an important aspect of the rehabilitation process for long-term incarcerated individuals.

How They Worked – Requirements and Regulations

To qualify for conjugal visits, inmates had to meet certain criteria. They were typically reserved for inmates who had demonstrated good behavior, were not convicted of certain violent offenses, and had a stable relationship with their partner.

During these visits, couples were granted privacy in designated areas within the prison, such as conjugal cottages or trailers.

According to the California Department of Corrections and Rehabilitation (CDCR), the goal of conjugal visits is to “assist inmates in maintaining healthy family relationships, reduce the potential for domestic violence and the risk factors leading to child abuse, and reduce the likelihood of recidivism.

Which Prisons Allowed Them and For Which Inmates

Conjugal visits were not available in all California prisons. Only select facilities offered this privilege, including San Quentin State Prison, California State Prison-Solano, and the California Institution for Women. Additionally, not all inmates were eligible for conjugal visits.

Typically, these visits were reserved for those serving long-term sentences, such as lifers or individuals with sentences of 10 years or more.

Conjugal Cottages/Trailers for Private Family Visits

To provide a comfortable and private space for conjugal visits, the California prison system established conjugal cottages or trailers within the prison grounds. These accommodations were equipped with basic amenities, such as a bed, bathroom, and kitchenette, allowing couples to spend quality time together during their visit.

The CDCR ensured that these living spaces were clean, safe, and maintained the security of the facility.

For more information about the history and regulations surrounding conjugal visits in California prisons, visit the official CDCR website: https://www.cdcr.ca.gov/

Debates Around Conjugal Visits in Prisons

Conjugal visits, also known as family visits, have been a topic of debate in the prison system for many years. This practice allows inmates to spend time with their spouses or domestic partners in a private setting within the correctional facility.

Proponents argue that conjugal visits can have positive effects on the mental health and rehabilitation of prisoners, while opponents question the fairness and safety of such privileges.

Arguments in Favor of Conjugal Visits

Supporters of conjugal visits believe that maintaining family ties is crucial for an inmate’s successful reintegration into society. These visits provide a sense of normalcy and help to preserve the familial bond.

Research has shown that strong family connections can reduce recidivism rates, as prisoners are more likely to have a support system upon their release. Additionally, conjugal visits can promote healthy relationships and reduce the likelihood of infidelity.

Advocates also argue that conjugal visits have psychological benefits for both the inmate and their partner. These visits allow for physical intimacy, which is an essential part of any romantic relationship.

They provide a space for emotional connection and can alleviate feelings of isolation and loneliness experienced by inmates. Furthermore, proponents claim that the opportunity to have intimate contact with loved ones can help to reduce tension and aggression within the prison population.

Arguments Against Allowing Conjugal Visits

Opponents of conjugal visits raise concerns about the safety and security risks associated with this practice. They argue that allowing inmates to have private time with their partners can create opportunities for smuggling contraband, such as drugs or weapons, into the correctional facility.

Additionally, there is a fear that prisoners may use these visits to intimidate or harm their partners or manipulate them for personal gain.

Another argument against conjugal visits is the issue of fairness. Critics contend that not all prisoners have the privilege of participating in conjugal visits, as eligibility criteria vary across different states and facilities.

This raises questions about the equal treatment of inmates and can lead to feelings of resentment and unrest within the prison population.

Recidivism Rates – Do They Lower Reoffending?

The impact of conjugal visits on recidivism rates has been a topic of much debate. While some studies suggest that maintaining strong family ties through conjugal visits can lower reoffending rates, others argue that the effect is negligible.

It is important to note that recidivism is influenced by various factors, including access to employment, education, and support services, in addition to family connections. Therefore, conjugal visits alone may not be the sole determining factor in reducing reoffending.

For more information on this topic, you can visit the Bureau of Justice Statistics or the National Criminal Justice Reference Service .

The End of Conjugal Visits in California

Conjugal visits, also known as family visits, were once a part of the prison system in California. However, these visits have been banned since 1996. The decision to ban conjugal visits was made due to a variety of reasons, including concerns over safety, security, and the potential for illegal activities to take place during these visits.

When and Why They Were Banned

The ban on conjugal visits in California prisons was implemented in 1996. The main reason behind this decision was the increasing concerns over the safety and security of the prison system. It was believed that allowing inmates to have intimate visits with their partners or spouses could lead to various problems, such as the smuggling of contraband or the facilitation of illegal activities.

Additionally, there were concerns about the potential for violence or sexual assault during these visits. The prison authorities wanted to ensure the safety of both the inmates and their visitors, and believed that banning conjugal visits would help achieve this goal.

Stats on Usage Rates in the Years Before 2003

Before the ban was implemented, conjugal visits were a relatively common occurrence in California prisons. According to statistics from the California Department of Corrections and Rehabilitation, in the year 2000, there were approximately 20,000 conjugal visits that took place in the state’s prison system.

This number gradually decreased in the following years, with around 13,000 visits in 2001 and 10,000 visits in 2002.

These statistics indicate that conjugal visits were quite popular among inmates and their families prior to the ban. However, it is important to note that these numbers only represent the visits that were officially recorded, and the actual usage rates may have been higher.

Reactions to the Ban from Prisoners, Families, Unions

The ban on conjugal visits in California prisons was met with mixed reactions from prisoners, their families, and unions representing prison staff. Some prisoners and their families were disappointed by the decision, as conjugal visits provided an opportunity for inmates to maintain a connection with their loved ones and work towards rebuilding their relationships.

On the other hand, some prison staff unions supported the ban, citing concerns over safety and security. They argued that allowing intimate visits could compromise the overall safety of the prison environment and put both staff and inmates at risk.

Possibility of Bringing Back Conjugal Visits Today

Efforts to reinstate conjugal visits.

Conjugal visits, also known as family visits, have been a topic of debate in the prison system for decades. These visits allow inmates to spend private time with their spouses or domestic partners in a designated area within the prison.

While the practice was once common in many states, including California, it has gradually been phased out in recent years.

Despite the decline in conjugal visits, there have been efforts to reinstate them in California prisons. Advocates argue that conjugal visits can have positive effects on the mental health and rehabilitation of inmates.

They believe that maintaining a connection with loved ones can provide motivation for prisoners to behave well and work towards their release.

Some studies have indicated that conjugal visits can reduce recidivism rates by strengthening family bonds and promoting successful reintegration into society. These findings have fueled the push to bring back conjugal visits in California.

Furthermore, proponents of conjugal visits argue that they can provide a healthy outlet for sexual expression within the confines of the prison. They believe that allowing inmates to engage in consensual sexual activity with their partners can contribute to a more stable and harmonious prison environment.

Why It’s Unlikely to Happen Anytime Soon

Despite the arguments in favor of conjugal visits, it is unlikely that they will be reinstated in California prisons anytime soon. Several factors contribute to this outcome.

Firstly, the cost of implementing and maintaining conjugal visit programs is a significant barrier. Prisons already face budget constraints, and allocating resources for conjugal visits may not be seen as a priority.

Secondly, concerns around security and safety play a crucial role in the decision-making process. Critics argue that allowing private contact between inmates and their partners can create opportunities for smuggling contraband or engaging in illicit activities.

These concerns outweigh the potential benefits for many prison officials.

Additionally, public opinion and political will also influence the possibility of bringing back conjugal visits. The perception that inmates are being rewarded with intimate visits while serving their sentences can be a source of controversy and backlash.

In summary, conjugal visits for lifers and all inmates were once allowed in California prisons starting in the 1960s. They were seen as a way to help inmates maintain family ties and provide incentives for good behavior. However, they were controversial and banned in 2003 due to costs, concerns over security and appropriate use of taxpayer dollars. The debates around conjugal visits continue today, but there seems little chance California will reinstate them given the current political climate.

Hi there, I'm Jessica, the solo traveler behind the travel blog Eye & Pen. I launched my site in 2020 to share over a decade of adventurous stories and vivid photography from my expeditions across 30+ countries. When I'm not wandering, you can find me freelance writing from my home base in Denver, hiking Colorado's peaks with my rescue pup Belle, or enjoying local craft beers with friends.

I specialize in budget tips, unique lodging spotlights, road trip routes, travel hacking guides, and female solo travel for publications like Travel+Leisure and Matador Network. Through my photography and writing, I hope to immerse readers in new cultures and compelling destinations not found in most guidebooks. I'd love for you to join me on my lifelong journey of visual storytelling!

Similar Posts

How Much Does It Cost To Change Your Name In Florida?

Changing your legal name in Florida involves navigating paperwork, court fees, and document updates. If you’re wondering what it takes and how much you’ll have to budget, you’re not alone. The quick answer is you can expect to invest $200 – $400 depending on factors like which county you file in. However, costs vary based…

The Great State Of Texas: An In-Depth Look At The Lone Star State

Everything is bigger in Texas! The Lone Star State is legendary for its proud history, independent spirit, and larger-than-life culture. If you want a quick summary – Texas is the 2nd largest U.S. state by both area and population. It’s home to diverse landscapes, flourishing cities, and a robust economy. In this comprehensive guide, we’ll…

Is Seattle On The West Coast? A Detailed Look At Seattle’S Geography

The West Coast of the United States is known for its natural beauty, vibrant cities, and mild climate. Many people dream of living in iconic West Coast destinations like Seattle, but is Seattle actually considered part of the West Coast? In this comprehensive guide, we’ll take an in-depth look at Seattle’s location and geography to…

Is Inglewood, California A Ghetto? Examining The City’S Reputation

If you’re wondering whether Inglewood, California has a reputation as a dangerous, impoverished area, here’s a quick answer: In the past, some parts of Inglewood did struggle with crime and urban decay leading to a ‘ghetto’ stereotype. However, in recent years the city has been transforming with major redevelopment and a declining crime rate. In…

The Top Seafood Boils In Houston

Houston is home to some of the most mouthwatering seafood boils in Texas. With fresh seafood shipped in daily from the Gulf, there are many restaurants that excel at the art of the seafood boil. If you’re looking for the very best seafood boils Houston has to offer, this guide will highlight the top spots…

A Look At Apple’S Impressive California Offices

As one of the world’s most valuable and innovative technology companies, Apple has made its mark on Silicon Valley and beyond with its sleek and modern office spaces throughout California. If you only have a minute, the main Apple offices in California are located in Cupertino, Sunnyvale, San Jose, Los Angeles, and Culver City. Apple’s…

How Do Conjugal Visits Work?

Maintaining close ties with loved ones while doing time can increase the chances of a successful reentry program. Although several studies back this conclusion, it’s widely logical.

While the conjugal visits concept sounds commendable, there’s an increasing call to scrap the scheme, particularly across US states. This campaign has frustrated many states out of the program, leaving only a handful. Back in 1993, 17 US states recognized conjugal visits. Today, in 2020, only four do.

The conjugal visit was first practiced in Mississippi. The state, then, brought in prostitutes for inmates. The program continued until 2014. The scrap provoked massive protests from different right groups and prisoners’ families. The protesters sought a continuance of the program, which they said had so far helped sustain family bonds and inmate’s general attitude to life-after-jail.

New Mexico, the last to scrap the concept, did so after a convicted murderer impregnated four different women in prison. If these visits look as cool as many theories postulate, why the anti-conjugal-visit campaigns in countries like the US?

This article provides an in-depth guide on how conjugal visits work, states that allow conjugal visits, its historical background, arguments for and against the scheme, and what a conjugal visit entails in reality.

What Is a Conjugal Visit?

A conjugal visit is a popular practice that allows inmates to spend time alone with their loved one(s), particularly a significant other, while incarcerated. By implication, and candidly, conjugal visits afford prisoners an opportunity to, among other things, engage their significant other sexually.

However, in actual content, such visits go beyond just sex. Most eligible prisoners do not even consider intimacy during such visits. In many cases, it’s all about ‘hosting’ family members and sustaining family bonds while they serve time. In fact, in some jurisdictions, New York, for example, spouses are not involved in more than half of such visits. But how did it all start?

History of Conjugal Visits

Conjugal visits origin dates back to the early 20 th century, in the then Parchman Farm – presently, Mississippi State Penitentiary. Back then, ‘qualified’ male prisoners were allowed to enjoy intimacy with prostitutes, primarily as a reward for hard work.

While underperforming prisoners were beaten, the well-behaved were rewarded in different forms, including a sex worker’s company. On their off-days, Sunday, a vehicle-load of women were brought into the facility and offered to the best behaved. The policy was soon reviewed, substituting prostitutes for inmates’ wives or girlfriends, as they wished.

The handwork-for-sex concept recorded tremendous success, and over time, about a quarter of the entire US states had introduced the practice. In no time, many other countries copied the initiative for their prisons.

Although the United States is gradually phasing out conjugal visits, the practice still holds in many countries. In Canada, for instance, “extended family visits” – a newly branded phrase for conjugal visits – permits prisoners up to 72 hours alone with their loved ones, once in few months. Close family ties and, in a few cases, friends are allowed to time alone with a prisoner. Items, like foods, used during the visit are provided by the visitors or the host – the inmate.

Over to Asia, Saudi Arabia is, arguably, one of the most generous countries when it comes to conjugal visits. Over there, inmates are allowed intimacy once monthly. Convicts with multiple wives get access to all their wives – one wife, monthly. Even more, the government foots traveling experiences for the visitors.

Conjugal visits do not exist in Great Britain. However, in some instances, prisoners incarcerated for a long period may qualify to embark on a ‘family leave’ for a short duration. This is applicable mainly for inmates whose records suggest a low risk of committing crimes outside the facility.

This practice is designed to reconnect the inmates to the real world outside the prison walls before their release . Inmates leverage on this privilege not just to reconnect with friends and family, but to also search for jobs , accommodation, and more, setting the pace for their reintegration.

Back to US history, the family visit initiative soon began to decline from around the ’80s. Now, conjugal visits only exist in California, New York, Connecticut, and Washington.

Is the Increasing Cancellation Justifiable?

The conjugal visit initiative cancellation, despite promising results, was reportedly tied around public opinion. Around the ’90s, increasing pressure mounted against the practice.

One of the arguments was that convicts are sent to jail as a punishment, not for pleasure. They fail to understand that certain convictions – such as convictions for violent crimes – do not qualify for conjugal visit programs.

The anti-conjugal visit campaigners claim the practice encouraged an increase in babies fathered by inmates. There are, however, no data to substantiate such claims. Besides, inmates are usually given free contraceptives during the family visits.

Another widely touted justification, which seems the strongest, is the high running cost. Until New Mexico recently scraped the conjugal visit scheme, they had spent an average of approximately $120,000 annually. While this may sound like a lot, what then can we say of the approximately $35,540 spent annually on each inmate in federal facilities?

If the total cost of running the state’s conjugal visit program was but equivalent to the cost of keeping three inmates behind bars, then, perhaps, the scrap had some political undertones, not entirely running cost, as purported.

Besides, an old study on the population of New York’s inmates postulates that prisoners who kept ties with loved ones were about 70 percent less likely – compared to their counterparts who had no such privilege – to become repeat offenders within three years after release.

Conjugal Visit State-by-State Rules

The activities surrounding conjugal visits are widely similar across jurisdictions. That said, the different states have individual requirements for family visitation:

California: If you’re visiting a loved one in a correctional facility in California, among other rules , be ready for a once-in-four-hours search.

Connecticut : To qualify, prisoners must not be below level 4 in close custody. Close custody levels – usually on a 1-to-5 scale – measures the extent to which correctional officers monitor inmates’ day-to-day activities.

Also, inmates should not be on restriction, must not be a gang member, and must have no records of disciplinary offenses in Classes A or B in the past year. Besides, spouse-only visits are prohibited; an eligible member of the family must be involved.

New York : Unlike Connecticut and Washington, New York’s conjugal visit rules –  as with California’s – allow same-sex partners, however, not without marriage proof.

Washington : Washington is comparatively strict about her conjugal visit requirements . It enlists several crimes as basis for disqualifying inmates from enjoying such privileges. Besides, inmates must proof active involvement in a reintegration/rehabilitation scheme and must have served a minimum time, among others, to qualify. 

However, the rule allows joint visits, where two relatives are in the same facility. Visit duration varies widely – between six hours to three days. The prison supervisor calls the shots on a case-to-case basis.

As with inmates, their visitors also have their share of eligibility requirements to satisfy for an extended family visit. For instance, visitors with pending criminal records may not qualify.

As complicated as the requirements seem, it can even get a bit more complex. For instance, there is usually a great deal of paperwork, background checks, and close supervision. Understandably, these are but to guide against anything implicating. Touchingly, the prisoners’ quests are simple. They only want to reconnect with those who give them happiness, love, and, importantly, hope for a good life outside the bars.

Conjugal Visits: A Typical Experience

Perhaps you’ve watched pretty similar practices in movies. But it’s entirely a different ball game in the real world. Besides that movies make the romantic visits seem like a trend presently, those in-prison sex scenes are not exactly what it is in reality.

How, then, does it work there? As mentioned, jurisdictions that still allow “extended family visits” may not grant the same to the following:

• Persons with questionable “prison behavior”
• Sex crime-related convicts
• Domestic violence convicts
• Convicts with a life sentence

Depending on the state, the visit duration lasts from one hour to up to 72 hours. Such visits can happen as frequently as once monthly, once a couple of months, or once in a year. The ‘meetings’ happen in small apartments, trailers, and related facilities designed specifically for the program.

In Connecticut, for example, the MacDougall-Walker correctional facility features structures designed to mimic typical home designs. For instance, the apartments each feature a living room with games, television, and DVD player. Over at Washington, only G-rated videos, that’s one considered suitable for general viewers, are allowed for family view in the conjugal facilities.

The kitchens are usually in good shape, and they permit both fresh and pre-cooked items. During an extended family visit in California, prisoners and their visitors are inspected at four-hour intervals, both night and day, till the visit ends.

Before the program was scrapped in New Mexico, correctional institutions filed-in inmates, and their visitors went through a thorough search. Following a stripped search, inmates were compelled to take a urine drug/alcohol test.

Better Understanding Conjugal Visits

Conjugal visits are designed to keep family ties.

New York’s term for the scheme – Family Reunion Program (FRP) – seems to explain its purpose better. For emphasis, the “R” means reunion, not reproduction, as the movies make it seem.

While sexual activities may be partly allowed, it’s primarily meant to bring a semblance of a typical family setting to inmates. Besides reunion, such schemes are designed to act as incentives to encourage inmates to be on their best behavior and comply with prison regulations.

Don’t Expect So Much Comf ort

As mentioned, an extended family visit happens in specially constructed cabins, trailers, or apartments. Too often, these spaces are half-occupied with supplies like soap, linens, condoms, etc. Such accommodations usually feature two bedrooms and a living room with basic games. While these provisions try to mimic a typical home, you shouldn’t expect so much comfort, and of course, remember your cell room is just across your entrance door.

Inmates Are Strip-Searched

Typically, prisoners are stripped in and out and often tested for drugs . In New York, for example, inmates who come out dirty on alcohol and drug tests get banned from the conjugal visit scheme for a year. While visitors are not stripped, they go through a metal detector.

Inmates Do Not Have All-time Privacy

The prison personnel carries out routine checks, during which everyone in the room comes out for count and search. Again, the officer may obstruct the visit when they need to administer medications as necessary.

Conjugal Visits FAQ

Are conjugal visits allowed in the federal prison system?

No, currently, extended family visits are recognized in only four states across the United States –  Washington, New York, Connecticut, and California.

What are the eligibility criteria?

First, conjugal visits are only allowed in a medium or lesser-security correctional facility. While each state has unique rules, commonly, inmates apply for such visits. Prisoners with recent records of reoccurring infractions like swearing and fighting may be ineligible.

To qualify, inmates must undergo and pass screenings, as deemed appropriate by the prison authority. Again, for instance, California rules say only legally married prisoners’ requests are granted.

Are gay partners allowed for conjugal visits?

Yes, but it varies across states. California and New York allow same-sex partners on conjugal visits. However, couples must have proof of legal marriage.

Are conjugal visits only done in the US?

No, although the practice began in the US, Mississippi precisely, other countries have adopted similar practices. Saudi Arabia, Brazil, Venezuela, Colombia, and Canada, for example, are more lenient about extended family visits.

Brazil and Venezuela’s prison facilities, for example, allow weekly ‘rendezvous.’ In Columbia, such ‘visits’ are a routine, where as many as 3,500 women troop in weekly for intimacy with their spouses. However, Northern Ireland and Britain are entirely against any form of conjugal programs. Although Germany allows extended family visits, the protocols became unbearably tight after an inmate killed his supposed spouse during one of such visits in 2010.

Benefits of Conjugal Visits

Once a normal aspect of the prison system, conjugal visits and the moments that prisoners have with their families are now an indulgence to only a few prisoners in the system. Many prison officials cite huge costs and no indications of reduced recidivism rates among reasons for its prohibition.

Documentations , on the other hand, say conjugal visits dramatically curb recidivism and sexual assaults in prisons. As mentioned earlier, only four states allow conjugal visits. However, research shows that these social calls could prove beneficial to correctional services.

A review by social scientists at the Florida International University in 2012 concludes that conjugal visits have several advantages. One of such reveals that prisons that allowed conjugal visits had lower rape cases and sexual assaults than those where conjugal visits were proscribed. They deduced that sex crime in the prison system is a means of sexual gratification and not a crime of power. To reduce these offenses, they advocated for conjugal visitation across state systems.

Secondly, they determined that these visits serve as a means of continuity for couples with a spouse is in prison. Conjugal visits can strengthen family ties and improve marriage functionality since it helps to maintain the intimacy between husband and wife.

Also, it helps to induce positive attitudes in the inmates, aid the rehabilitation process, and enable the prisoner to function appropriately when reintroduced back to society. Similarly, they add that since it encourages the one-person-one partner practice, it’ll help decrease the spread of HIV. These FIU researchers recommend that more states should allow conjugal visits.

Another study by Yale students in 2012 corroborated the findings of the FIU researchers, and the research suggests that conjugal visits decrease sexual violence in prisons and induces ethical conduct in inmates who desire to spend time with their families.

Expectedly, those allowed to enjoy extended family visits are a lot happier. Besides, they tend to maintain the best behaviors within the facility so that they don’t ruin their chances of the next meeting.

Also, according to experts, visitations can drop the rate of repeat prisoners, thus making the prison system cost-effective for state administrators. An academic with the UCLA explained that if prisoners continue to keep in touch with their families, they live daily with the knowledge that life exists outside the prison walls, and they can look forward to it. Therefore, these family ties keep them in line with society’s laws. It can be viewed as a law-breaking deterrence initiative.

For emphasis, conjugal visits, better termed extended family visits, are more than for sex, as it seems. It’s about maintaining family ties, primarily. The fact is, away from the movies, spouse-alone visits are surprisingly low, if at all allowed by most states’ regulations. Extended family visits create healthy relationships between prisoners and the world outside the bars. It builds a healthy start-point for an effective reentry process, helping inmates feel hope for a good life outside jail .

Harassment and Cyberbullying as Crimes

What is a bench trial jury trial vs. bench trial, related articles.

History of the Freedom of Information Act

Ineffective Assistance of Counsel

Tort Law Definition & Examples

Bail vs Bond: What’s the Difference?

San Quentin News

Written By Incarcerated - Advancing Social Justice

New Legislation Changes Inmates’ Family-Visiting Policy

August 10, 2016 by Angelo Falcone

California Gov. Jerry Brown has signed legislation changing a number of rules affecting visitation of prison inmates. Senate Bill 843 was signed June 27. Among several dozen amendments and additions to existing state law, the new law affirms that when the Legislature and governor amend regulations affecting visitation of inmates, they must “recognize and consider, among other things, the value of visiting as a means to improve the safety of prisons for both staff and inmates.” The new law adds that effective July 1, inmates could not be prohibited from family visits “based solely on the fact that the inmate was sentenced to life without the possibility of parole or was sentenced to life and is without a parole date established by the Board of Parole Hearings.” The Men’s Advisory Council (MAC) met with Chief Deputy Warden Kelly Mitchell and Associate Warden Gary Forncrook regarding this new law and its impact and change to the current visiting policy. “Senate Bill 843 now authorizes family visits for lifers. We were just informed, but we cannot process applications for overnight visits with family until the regulations are written. Until we know the criteria, we cannot authorize family visits for lifers,” said Mitchell. “Let the (general population) inmates know that they may contact their counselor for a family visit application. However, applications will not be processed until we receive the criteria from headquarters. We will also be meeting with all of the counselors to inform them.” “The only exclusion that will remain is that Close Custody inmates may not participate in family visiting,” said Forncrook. “Close custody inmates are not eligible for family visits. Other exclusionary criteria are not yet known at this time.” So for now, all mainline/general population inmates who are not Close Custody and interested in receiving a family visit may contact their correctional counselors regarding a “family visiting application” or inmates may send a request via a form CDCR-22 to the “Family Visiting Coordinator” for more information. Completed applications must be submitted to counselors but they will not be processed until the administration receives the new regulations that establish the family visiting criteria.  

How Pain and Suffering is Calculated in Personal I...

If someone experiences a personal injury due to the negligence or intentional actions of another party, the legal system allows...

Can I File for Divorce If I’m Pregnant?

For some couples, pregnancy can add uncertainty about the future of their relationship. Considering divorce when pregnant is a...

Whistleblower Protections

Whistleblowers play a crucial role in exposing wrongdoing in organizations and government entities. While whistleblowers are...

Copyright © Dopplr Legal News and Information . 2024 • All rights reserved.

• legal questions
• 11 Min Read
• 15th April 2016

Conjugal Visits: Rules and History

The phrase is well known in popular culture – conjugal visits means private alone time with a significant other while in prison. We all understand the connotation of conjugal visits, but allow me to spell it out. Yes, inmates are permitted to engage in sexual relations with their spouse during conjugal visits . However, many times these visitations are not used for intimacy at all. A lot of prisoners who earn this right choose to have family members come to see them, in an effort to remain close with those who matter most. In New York, 52 percent of these visits did not involve spouses.

Where Are Conjugal Visits Allowed?

States That Allow Conjugal Visits

As recently as 1995, 17 states had conjugal visit programs, although federal prisons never allowed it.

Today, only four states still allow conjugal visits:  California, Connecticut, New York and Washington. 

New Mexico and Mississippi cancelled their programs within the past two years.

How Did the Conjugal Visit Program Start?

Parchman Farm

The very first prison to allow conjugal visits was  Parchman Farm (now  Mississippi State Penitentiary ).  Parchman farm began as a labor prison camp for black men in Mississippi which was a blatant attempt to keep slavery alive 50 years after the end of the Civil War.

Prison authorities believed that if black men were allowed to have sexual intercourse, they would be more productive. 

They also believed that black men had stronger sex drives. Therefore, every weekend, women would be driven in by the bus load to fraternize with the prisoners. There was no state control or legal status, the visits were simply thought to encourage surviving a six day work week of harsh labor and conditions, not to mention racist guards.

Over the years, conjugal visits evolved to spending more time with family. Even the aforementioned Parchman Farm had cleaned up the act by the 1960s; visits were sanctioned, furlough programs had begun, and cabins were built so inmates could spend time alone with their significant other. The prison would even provide toys for the family.

Following their model, conjugal visit programs saw a steady and fast rise in use. It was touted as a model of rehabilitation after a reporter paid a visit to Parchman Farm and declared it, “the wave of the future.”

Conjugal Visit Rules

Good behavior is an obvious requirement for earning family and conjugal visitation rights, but there’s a bit more to it than that. For the most part, the rules surrounding family visits are the same; they must be in medium security or lower prisons, and they must not have been convicted of sexual assault . However, each state has their own protocol for selecting which inmates have earned the privilege of family visitation:

• Connecticut : Inmates cannot be level 4 or above in close custody (levels are on a scale of 1-5 and refers to how much they are monitored by guards on a day-to-day basis). They cannot be a member of a gang, be on restrictive status, or class A or class B disciplinary offenses within the past 12 months prior to requesting involvement. The spouse cannot come alone ; other eligible family members must participate.
• New York : This state and California are the only ones that allow visitation for same-sex couples. Proof of marriage must also exist. Here are the guidelines for New York’s Extended Family Visit Program .
• California : Inmates and visiting family members are subject to a search every four hours . See: California Extended Family Visit guidelines. 
• Washington : There are a long list of requirements that inmates and visitors alike must meet before being allowed to participate in the visitation program. There are a slew of disallowed crimes, along with minimum time served, active participation in a reentry program, and housing status rules to qualify. If there are two family members in the same prison, joint visits can be arranged pending approval.

The length of the visit varies from six hours to an entire weekend, which is determined by the supervisor of the prison on a case by case basis. And just as there are eligibility requirements for prisoners, the same can be said for those who wish to visit them. Apart from the verification of the relationship, visitors must also be free of crime.

• If a family member other than a spouse, such as brother or sister, wishes to visit, it will be scrutinized closely.
• If a child is participating, a birth certificate showing that the inmate is their biological father is required.
• If the inmate is a step-father, he must have been present during the child’s formative years (ages 7-12). There must also be consent from the child’s legal guardian.
• The visitor cannot be on parole, or subject to criminal drug charges.

On top of these requirements is a good deal of paperwork which needs to be filled out. With all of the supervision and background checks, it would be extremely difficult for anything sinister to happen. To inmates and their family, visitation is purely about spending time with the one’s they love. So why are so many states stopping it?

Why Have Visitation Programs Been Discontinued?

As previously stated, there were 17 states with visitation programs 20 short years ago; today there are only four. The reasons for this have varied slightly, one of which being public opinion. People just don’t think criminals should have access to anything, much less time with family members. Some even get upset when they learn inmates have access to health care . Most of these people probably fail to realize that those convicted of violent crimes are not allowed to participate in family visitation programs.

Another reason is claims of contraband being snuck in and babies being conceived during these visits. But no numbers are given to back up these claims, and they appear unfounded at best as a result. The Corrections Commissioner for Mississippi even stated that they provide inmates with contraception during their visits. While there are no numbers to back up these claims, they try to use others to convince everyone that it’s too expensive.

The main reason widely given is budget cuts. That was the fallback for Mississippi and New Mexico when they cancelled their programs. In New Mexico, the program cost $120,000 a year . Their 2016 budget totals $6.2 billion . The cost of keeping the program active amounts to less than one-five hundredth of one percent of the state budget. The median household income in New Mexico is $43,782, which means that, divided evenly amongst the average taxpayer, everyone would only contribute about two cents each to a family visitation program. Yet somehow, the benefits don’t outweigh the cost.

Why Should Visitation Programs Continue?

At a rate of approximately $32,000 per year for each inmate, it’s been well documented how much it costs to keep someone in prison. Overcrowding is also a huge problem, which has many causes. But where family visitation comes into the picture is its documented ability to reduce recidivism, which show that 76 percent of those released from state prisons are arrested again within five years. Initial studies have found that visitation programs are responsible for lowering parole violations by 25 percent , but it could be higher than that according to an older study, which suggests recidivism was decreased by 67 percent because of visitation programs.

Conjugal and family visits also reduce occurrences of sexual violence in prisons by 75 percent .

This is a number too large to ignore, because the snowball effect here is that it also drastically lowers the rate of sexually transmitted diseases between prisoners. Then there is evidence that is hard to quantify. Prison guards have stated that prisoners who have access to visitation are generally happier, and are encouraged to keep up their good behavior in order to keep earning visitation privileges, or perhaps even early release. This is why prisons in the four states that still allow it have changed the name from “conjugal visits” to “family visits.” There is more to it than just intimacy; there is connection that these families are trying to maintain. If the prisoner is able to interact with the person or people for whom he will be responsible upon release, it will only motivate them to work harder to never put them through it again.

Lifers in state of California eligible for conjugal visits as well? due gov. Jerry brown recent signed off?

To Phavy do we know what disqualifies a lifer from getting conjugal visits besides being a sex offender and/or domestic violence. I have my husband in a state prison in CA and he has been in prison for 20 years but we needed to find out what qualifies him or disqualifies him from getting visits. Please advise, thank you in advance

The program is allowed for those who have a release date. Unfortunately it is not available for inmates serving life sentences.

If the offender has two non-sexual violent felony strikes in Ca but he has a release date and the visitor was a co defendant on an old case, can the offender get conjugal visits with the visitor if they get married?

Very great article! As much as I advocate conjugal visitation, early justifications are shocking to me. I still hope that in future, the trend will go back to the use of extended visits in more than just 4 states. It also does not appear too expensive, particular since some prisons even charge visitors a fee per night.

Do lifers get conjugal visits if they are in prison for non violence on woman???

It would depend on where they are sentenced and what exactly the offense is, along with how they have conducted themselves while in prison.

I pray they go back to the old way,, but with different intentions I have a question my husband was convicted of corporal punishment on a spouse does he qualify for conjugal visit yes he has a release date

Is there any way a state like FL could reconsider “family visits” I mean my boys miss their father and he was only sentenced 10 years. I was thinking of a petition but I doubt people will view it how you and I do. Just being able to watch a movie together and hang out like we use to would mean so much I can wait for sex but the joy it brings to my boys is much more fulfilling. I mean it’s so backed up in FL they could be making more money if they charged family visits.

Marilyn Wiggins

Amber I will sign a petition if it’s started. The sanctity of family is important.

karen lea pollard-mills

I WOULD SIGN A PETITION ALSO! LETS START ONE NATIONWIDE! NOT JUST FOR EACH STATE!

I believe this would be great. Even if there was a price tag many people would pay it. That would help lower the cost of prisons.

Does anyone know what prisons in New York allow conjugal visits?

In the post, there is a link to the guidelines for New York’s Extended family visit program. Click it to see all the guidelines and how to apply for them. Good luck.

Leslie L Miller

My husband is serving life without! He was convicted at 19, you know they are taking every form of human contact away from human beings and expecting them to just lay down be good and wither away slowly! Why? My husband is now 37, he is not the same person he was , we have been married 12 years together 15, never consummated our marriage! To some of us it’s a religious right if only one time! Changes need to be made in our system! It’s broken if we don’t rethink alot of things all we are going to create is detached MONSTERS, with no concept of real feelings or emotions!

I couldn’t agree more! The love of my life is serving life w/o parole and was 19 also. He’s served 15 years now and has changed, grown up and matured. Have you read about the science that states teens are not fully matured until their mid 20’s and should not be given life w/o parole at such a young age? 11 men were released on this science and more states need to follow suit and parole those who have changed and matured and will not repeat their mistakes! They deserve a 2nd chance. There is a video on this called second chance kids also! Good Luck with your husband!

Jacquelyne Garza

What year where the conjugal visits taken away in California, I think it was 1994 or 1995 or 1996 which one was it ??? Please tell me.

The article plainly states that CA is one of the remaining states allowing such visitation. I’ve also seen them taking place on MSNBC’s Lock Up.

Will inmates who have prior rules violations for drug smuggling into the prison be permitted conjugal visits?

does anyone know the list of things you can take into your conjugal visit?

Go to the prison website

So inmates who have life without the possibility of parole can’t have conjugal visits at all? My guy has been transferred to a level 3 prison now. Does that mean anything?

lizy vicent

I believe anybody that owns 100% of your heart is worth fighting for. Yes, I am boasting because I never adhered to some negative advice from my parents when I was about getting married. There was a war between our two family then my husband was his mothers puppy, his family members used him a lot that he cant make any decision without consulting them. What surprised me most was the moment a 36-year-old man seeks his parent and some family members consent before dating anyone, the worst happened when he was instructed to bring me along to their country home in Rampart, New Orleans, it was risky to accept such invitation.The war between our families started when he finally proposed (that was about 4 years ago), his family gave some conditions if he must wife me (we have to live with them), I was in shock when my husband accepted and was happy with their conditions (so crazy). My family wagged and demanded I should breakup with him immediately.I decided to give him the last shot as a man whom has already taken over 100% of my heart, I took a risk to go spiritual with them by consulting Priest Udene via [email protected] , I dont know how but the spiritual father already knew I was going to consult him. He first of all told me the danger I was into and how my husband has been enslaved since birth, how they keep brain washing him to do their wills.Like the quote that says a person sees clearly only with the heart, I realized that nobody saw what I saw in my husband and thats why I used the help of PRIEST UDENE to put him out of his misery. His eyes where opened by PRIEST UDENE for the first time, his family fell in love with me and granted every of our request, our families have known peace since after the love spell.It is over 2 years after the love spell and my husband has continued to improve every day without interference from his family. I have waited too long to share this amazing piece. Thanks for your time and also to PRIEST UDENE. I knew him through reading some amazing testimonies on blogs.

Tracey Duffy

Are the visits during the weekend or weekdays, usually?

Patricia Monteiro

Me and my fuance plan to marry soon. He is serving a 15 to life sentence and has been in nearly 4 years now. He does not have a release date. He is single celled in a level 4 prison. He has a history of violence. Will he be eligible for conjucal visits upon marriage ?

does patton state hospital allow family visits?

mariah clifton

hi…me and boyfriend are trying to get married in the california state prison but he has a prior domestic abuse charge on him from years ago with his babymomma does that stop us from conjugal visits once we are married?

jackie larbi

Thank god that we do not allow this to happen in are prisons.

Cancel Reply

Notify me of follow-up comments by email.

Notify me of new posts by email.

Current ye@r *

Leave this field empty

This site uses Akismet to reduce spam. Learn how your comment data is processed .

Map Options

Conjugal Visit Laws by State 2024

California refers to these visits as contact visits. Conjugal visits have had a notorious past recently in the United States , as they were often not allowed to see their family unless it was for brief contact or to speak with them on the phone. Conjugal visits began as a way for an incarcerated partner to spend private time with their domestic partner, spouse, or life partner. Historically, these were granted as a result of mental health as well as some rights that have since been argued in court. For example, cases have gone to the Supreme Court which have been filed as visits being considered privileges instead of rights.

The right to procreate, religious freedom, marital privacy and to abstain from cruel and unusual punishment has been brought up and observed by the court. Of course, married spouses can't procreate if one is incarcerated, and this has been a topic of hot debate in the legal community for years. Although the rules have since been relaxed to allow more private time with one's family, especially to incentivize good behavior and rehabilitation, it is still a controversy within social parameters.

In 1993, only 17 states had conjugal visit programs, which went down to 6 in 2000. By 2015, almost all states had eliminated the need for these programs in favor of more progressive values. California was one of the first to create a program based around contact visits, which allows the inmate time with their family instead of "private time" with their spouses as a means of forced love or procreation.

Washington and Connecticut

Connecticut and Washington have similar programs within their prison systems, referring to conjugal visits as extended family visits. Of course, the focus has been to take the stigma away from conjugal visits as a means of procreation, a short time, and a privilege as a result of good behavior. Extended family visits are much more wholesome and inclusive, giving relatively ample time to connect with one's family, regardless if they have a partner or not. Inmates can see their children, parents, cousins, or anyone who is deemed to have been, and still is, close to the prisoner.

Of course, there are proponents of this system that say this aids rehabilitation in favor of being good role models for their children or younger siblings. Others feel if someone has committed a heinous crime, their rights should be fully stripped away to severely punish their behavior.

On a cheerier note, New York has named its program the "family reunion program", which is an apt name for the state that holds the largest city in America by volume, New York City. NYC's finest have always had their handful of many different issues, including organized crime. The authorities are seeking a larger change in the incarceration system and want to adopt a stance that focuses more on the rehabilitation of the inmate that shows signs of regret, instead of severe punishment for punishment's sake.

Download Table Data

Enter your email below, and you'll receive this table's data in your inbox momentarily.

• JSTOR Daily
• KLAQ El Paso - KLAQFM

An official website of the United States government, Department of Justice.

Here's how you know

Official websites use .gov A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS A lock ( Lock A locked padlock ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

NCJRS Virtual Library

Conjugal visiting and family participation in california (from american correctional association proceedings of the ninety-ninth annual college of correction - see ncj-02839), additional details.

206 N. Washington St., Suite 200 , Alexandria , VA 22314 , United States

No download available

Availability, related topics.

• Market Your Law Firm
• Lawyer Directory

Death Row Prisoners: Visitation Rights

Each state has its own policy regarding visitation for death row prisoners. In general, prison officials have wide latitude to craft policies, including visitation policies, that maintain institutional security and inmate discipline. Prisons can limit when and where visits occur and may place restrictions (such as requirements for pre-approval) on who can visit.

While there is evidence that prisoners benefit from liberal visitation policies and that prisoners who are allowed visitation are better behaved while incarcerated, prison security is always the overarching consideration. Guards are almost always present and, except for visits with attorneys, prisoners have no right to privacy with their visitors.

Contact Visits

No prisoner, including a prisoner on death row, has any right to contact visitation. Contact visits allow the prisoner to sit together with visitors in a visiting room, usually with other prisoners, and enjoy limited physical contact (such as hand holding during the visit, and a brief kiss or hug at the start and end of visit).

As the United States Supreme Court noted, "Contact visits invite a host of security problems." ( Block v. Rutherford , 468 U.S. 576, 587 (1984).) In Block v. Rutherford , the Court decided that jail officials were entitled to have a general bar against contact visits on the basis of security, namely to reduce the opportunity for escape, hostages, and smuggling drugs, weapons, or other contraband into the facility.

States differ on whether contact visits are permitted for people convicted of capital crimes. For example, Texas death row prisoners are not allowed to have contact visits with anyone at any time, including prior to execution. In contrast, California permits contact visits for all prisoners, including those on death row, although visitors must be pre-approved and visits are subject to strict rules.

Non-Contact Visits

In states that do not permit contact visits for death row prisoners or if a particular prisoner (or visitor) is not eligible for a contact visit, they may be permitted to have non-contact visits. Usually, the prisoner and the visitor can see and talk to one another through a partition, but no touching is permitted.

Conjugal Visits

One type of contact visit is the conjugal or extended family visit. Conjugal visits are usually longer (sometimes lasting a few days) and take place in private rooms or trailers. Prisoners who have conjugal visits with their spouses may have sexual relations. Proponents argue that conjugal visits maintain family ties, and some studies also show that prisoners allowed conjugal and family visits are less prone to violence and other misconduct while incarcerated.

Like other contact visits, courts have determined that prisoners have no right to conjugal visits and that the denial of conjugal visits does not violate the prohibition against cruel and unusual punishment, nor the right to privacy (for prisoners or their spouses). As such, officials permit conjugal visits at their pleasure and can impose whatever reasonable restrictions they see fit on the exercise of conjugal visits. For example, the California Supreme Court determined that a prison policy limiting conjugal visits to spouses and excluding long-term girlfriends was permissible. ( In re Cummings (1982) 30 Cal. 3d 870, 640 P.2d 1101.) Even in states that allow conjugal visits for other prisoners, death row prisoners are not entitled to conjugal visits, and no state officially permits conjugal visits for death row prisoners. ( Anderson v. Vasquez , 827 F. Supp. 617 (N.D. Cal. 1992).)

For more information, see States that Allow Conjugal Visits .

Loss of Visiting Privileges

Because visiting is a privilege and not a right, both prisoners and visitors can lose the opportunity to visit if they fail to follow prison rules or obey correctional officers' commands during a visit. Prisoners can also lose their visiting privileges for other infractions and some prisoners, such as those in administrative segregation, may never be permitted to visit family or friends. Prisons may also cancel all visits if there are health, safety, or security risks, including outbreaks of infectious diseases.

Attorney Visits

All convicted criminals, including those on death row, are entitled to visit with their appellate attorneys. Generally, visits with counsel must be confidential. Officials have less leeway in restricting attorney visits.

Visiting Prisoners

Most prisons and jails have strict dress codes, as well as limits on what you can bring inside the prison. For example, visitors to federal prisons cannot wear sundresses, hats, sleeveless tops, or anything khaki or green that resembles inmate dress. Visitors are prohibited from bringing in anything that could be considered contraband, like drugs or weapons, and sometimes money and medication are also restricted. You can read more rules for visitors at the Federal Bureau of Prisons website ( www.bop.gov ). Each prison has its own rules, so if you are going to visit a prisoner, make sure to familiarize yourself with the applicable rules before you go. The prison can deny your visit if you violate prison policies.

Obtaining Legal Assistance

If you are having difficulty visiting a prisoner, you may want to talk to a local attorney. An attorney can explain your options and help you resolve the issue.

Based on Your Previous Answers, We Have a Few Last Questions

These additional details allow our attorneys to gain a deeper understanding of the specifics of your case

How It Works

• Briefly tell us about your case
• Provide your contact information
• Choose attorneys to contact you

Copyright © 2024 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use , Supplemental Terms , Privacy Policy , Cookie Policy , and Consumer Health Data Notice .

Controversy and Conjugal Visits

Conjugal visits were first allowed as incentives for the forced labor of incarcerated Black men, the practice expanding from there. Is human touch a right?

“The words ‘conjugal visit’ seem to have a dirty ring to them for a lot of people,” a man named John Stefanisko wrote for The Bridge, a quarterly at the Connecticut Correctional Institution at Somers, in December 1963 . This observation marked the beginning of a long campaign—far longer, perhaps, than the men at Somers could have anticipated—for conjugal visits in the state of Connecticut, a policy that would grant many incarcerated men the privilege of having sex with their wives. Conjugal visits, the editors of The Bridge wrote, are “a controversial issue, now quite in the spotlight,” thanks to their implementation at Parchman Farm in Mississippi in 1965. But the urgency of the mens’ plea, as chronicled in The Bridge and the Somers Weekly Scene , gives voice to the depth of their deprivation. “Perhaps we’re whistling in the wind,” they wrote, “but if the truth hits home to only a few, we’ll be satisfied.”

The men at Somers wrote of conjugal visits as something new, but in fact, Parchman had adopted some version of the practice as early as 1918. Parchman, then a lucrative penal plantation , sought to incentivize Black prisoners, who picked and hoed cotton under the surveillance of armed white guards, by allowing them to bring women into their camp. The visits were unofficial, and stories from the decades that followed are varied, ranging from trysts between married couples to tales of sex workers, bussed in on weekends. The men built structures for these visits out of scrap lumber painted red, and the term “ red houses ” remained in use long after the original structures were gone. The policy was mostly limited to Black prisoners because white administrators believed that Black men had stronger sexual urges then white men, and could be made more pliable when those urges were satisfied.

This history set a precedent for conjugal visits as a policy of social control, shaped by prevailing ideas about race, sexual orientation, and gender. Prisoners embraced conjugal visits, and sometimes, the political reasonings behind them, but the writings of the men at Somers suggest a greater longing. Their desire for intimacy, privacy and, most basic of all, touch, reveals the profound lack of human contact in prison, including but also greater than sex itself.

Scholar Elizabeth Harvey paraphrases Aristotle, who described the flesh as the “medium of the tangible,” establishing one’s “sentient border with the world.” Touch is unique among the senses in that it is “dispersed throughout the body” and allows us to experience many sensations at once. Through touch we understand that we are alive. To touch an object is to know that we are separate from that object, but in touching another person, we are able to “form and express bonds” with one another. In this context, Harvey cites the French philosopher Maurice Merleau-Ponty, who described all touch as an exchange. “To touch is also always to be touched,” she writes.

When Parchman officially sanctioned conjugal visits in 1965 after the policy was unofficially in place for years, administrators saw it as an incentive for obedience, but also a solution to what was sometimes called the “ Sex Problem ,” a euphemism for prison rape . Criminologists of the era viewed rape in prison as a symptom of the larger “ problem of homosexuality ,” arguing that the physical deprivations of prison turned men into sexual deviants—i.e., men who wanted to have sex with other men. In this context, conjugal visits were meant to remind men of their natural roles, not merely as practitioners of “ normal sexuality ,” but as husbands. (Framing prison rape as a problem of ‘homosexuals’ was commonplace until Wilbert Rideau’s Angolite exposé Prison: The Sexual Jungle revealed the predation for what it was in 1979.)

Officials at Parchman, the sociologist Columbus B. Hopper wrote in 1962 , “consistently praise the conjugal visit as a highly important factor in reducing homosexuality, boosting inmate morale, and… comprising an important factor in preserving marriages.” Thus making the visits, by definition, conjugal, a word so widely associated with sex and prison that one can forget it simply refers to marriage. Men—and at the time, conjugal visits were only available to men—had to be legally married to be eligible for the program.

But for the men at Somers, the best argument for conjugal visitation was obvious—with one telling detail. The privacy afforded by the red houses at Parchman, Richard Brisson wrote “preserve some dignity to the affair,” creating “a feeling of being a part of a regular community rather than … participating in something that could be made to appear unclean.” For lovers secluded in bedrooms, “[t]here is no one about to mock them or to embarrass them,” he wrote. This observation suggests the ubiquity of surveillance in prison, as well as its character.

Carceral institutions are intended to operate at a bureaucratic remove; prisoners are referred to by number and were counted as “ bodies .” Guards must act as ambivalent custodians of these bodies, even when the nature of their job can be quite intimate. Prisoners are routinely strip-searched and frisked; they must ask permission to exercise any movement, to perform any bodily function. This is as true today as it was in Somers, where men frequently complained that they were treated like children. “You are constantly supervised, just as if you were a one-year-old child,” Ray Bosworth wrote in 1970 .

But guards are not parents, and the tension between dutiful ambivalence and intimate supervision often manifests as disgust. On a recent visit to Bedford Hills Correctional Facility, a maximum-security women’s prison in upstate New York, prisoners complained of being ridiculed during strip searches, and hearing guards discussing their bodies in the corridors.

This attitude extends to rules regulating touch between prisoners and visitors. Writing about San Quentin State Prison in California in the early 2000s, the ethnographer Megan L. Comfort described a common hierarchy of visits , each with its own allowable “degree of bodily contact.” Death Row cage visits allowed for hugs in greeting and parting, while a contact visit allowed for a hug and a kiss. The nature of the kiss, however, was subject to the discretion of individual guards. “We are allowed to kiss members of our families, hello and goodbye, but the amount of affection we may show is limited by the guard,” James Abney wrote for the Somers Weekly Scene in 1971.  “If he feels, for instance that a man is kissing his wife too much or too passionately, then he may be reprimanded for it or the visit may be ended on the spot.”

When Somers held its first “ Operation Dialogue ,” a “mediated discussion” among prisoners and staff in May 1971, conjugal visits were a primary concern. By then, California (under Governor Ronald Reagan) had embraced the policy—why hadn’t Connecticut? Administrators argued that furloughs, the practice of allowing prisoners to go home for up to several days, were a preferable alternative. This certainly would seem to be the case. In August 1971, the Scene quoted Connecticut Correction Commissioner John R. Manson, who criticized the skeezy, “tar-paper shacks” at Parchman, concluding that furloughs were “ a less artificial way for inmates to maintain ties with their families .” But to be eligible for furloughs, men were required to be within three or four months of completing their sentence. In the wake of George H.W. Bush’s infamous “ Willie Horton ” campaign ad in 1988, a racially-charged ad meant to stoke fear and anti-Black prejudice in which a violent attack was blamed on Liberal soft-on-crime policies (specifically scapegoating Michael Dukakis for a crime committed on a prison furlough that predated his tenure as governor), prison furloughs were mostly abolished. They remain rare today, still looming in the shadow of the Horton ad.

Conjugal visits are considered a rehabilitative program because, as Abney wrote, it is in “society’s best interest to make sure that [a prisoner’s] family remains intact for him to return to.” Unspoken is the disregard for people serving long sentences, or life, making conjugal visits unavailable to those who might need them the most.

The campaign for conjugal visits continued throughout the 1970s. Then, in 1980, in a sudden and “major policy reversal ,” the state of Connecticut announced that it would instate a “conjugal and family visit” program at several prisons, including Somers. Subsequent issues of the Scene outline the myriad rules for application, noting that applicants could be denied for a variety of reasons at the discretion of prison administrators.

The earliest conjugal visits at Somers lasted overnight but were less than 24 hours in total. Men could have multiple visitors, as long as they were members of his immediate family. This change signaled a new emphasis on domesticity over sex. Visits took place in trailers equipped with kitchens, where families cooked their own meals. Describing a similar set-up at San Quentin more than two decades later, Comfort wrote that the trailers were meant to encourage “people to simulate an ordinary living situation rather than fixate on a hurried physical congress.”

By the early 1990s, conjugal visitation, in some form, was official policy in 17 states. But a massive ideological shift in the way society viewed incarcerated people was already underway. In a seminal 1974 study called “What Works?”, sociologist Robert Martinson concluded that rehabilitation programs in prison “ had no appreciable effect on recidivism .” Thinkers on the left saw this as an argument for decarceration—perhaps these programs were ineffective because of the nature of prison itself. Thinkers on the right, and society more broadly, took a different view. As (ironically) the Washington Post observed, the findings were presented in “lengthy stories appearing in major newspapers, news magazines and journals, often under the headline, ‘ Nothing Works! ’”

Martinson’s work gave an air of scientific legitimacy to the growing “tough-on-crime” movement, but the former Freedom Rider, who once spent 40 days at Parchman, spawned punitive policies he couldn’t have predicted. In 1979, Martinson officially recanted his position. He died by suicide the following year.

In Mistretta v. United States (1989), the court ruled that a person’s demonstrated capacity for rehabilitation should not be a factor in federal sentencing guidelines because, they wrote, studies had proved that rehabilitation was “an unattainable goal for most cases.” It effectively enshrined “nothing works” into law.

Weekly Newsletter

Get your fix of JSTOR Daily’s best stories in your inbox each Thursday.

Privacy Policy   Contact Us You may unsubscribe at any time by clicking on the provided link on any marketing message.

“Nothing works” gave rise to harsher sentencing, and more punitive policies in prisons themselves. In 1996, the state of California drastically reduced its conjugal visitation program . At San Quentin, this meant conjugal visits would no longer be available for people serving life sentences. To have benefitted from the program, and then have it taken away, was a particular blow to prisoners and partners alike. One woman told Comfort that she was in “mourning,” saying: “To me, I felt that it was like a death. ”

We don’t know how the men at Somers might have felt about this new era, or the heyday of conjugal visits that came before it. There are no issues of the Weekly Scene available after 1981 in the American Prison Newspapers collection, which is just after the visits began. But their writing, particularly their poetry, offers some insight into the deprivation that spurred their request. In 1968, James N. Teel writes, “Tell me please, do you ever cry, / have you ever tried to live while your insides die? ” While Frank Guiso , in 1970, said his existence was only an “illusion.” “I love and I don’t, / I hate and I don’t / I sing and I don’t / I live and I don’t,” he writes. But for others, disillusionment and loneliness take a specific shape.

“I wish you could always be close to me,” Luis A. Perez wrote in a poem called “ The Wait ” 1974:

I will hold your strong hand in my hand, As I stare in your eyes across the table. Trying to think of the best things to say, I then notice how I will not be able. I will long for your tender embraces, For your long and most desirable kiss. As I sleep cold for warmth of your body, You my love, are the one I will miss…

Today, only four states—California, Connecticut, Washington and New York—allow conjugal visits. (Mississippi, where Parchman is located, ended conjugal visitation in 2014 .) Some argue that Connecticut’s Extended Family Visit (EFV) program, as it is now called, doesn’t actually count , because it requires a prisoner’s child to be there along with another adult . There is also some suggestion that Connecticut’s program, while still officially on the books, has not been operational for some time.

The COVID-19 pandemic gave further cause to limit contact between prisoners and visitors, engendering changes that don’t appear to be going away anytime soon.

Somers was reorganized as a medium-security facility and renamed the Osborn Correctional Institution in 1994. A recent notice on the facility’s visitation website reads: “​​Masks must be worn at all times. A brief embrace will be permitted at the end of the visit .”

Support JSTOR Daily! Join our new membership program on Patreon today.

JSTOR is a digital library for scholars, researchers, and students. JSTOR Daily readers can access the original research behind our articles for free on JSTOR.

Get Our Newsletter

More stories.

• Renewable Energy and Settler Colonialism

The Fashionable Tour : or, The First American Tourist Guidebook

What Convenience Stores Say About “Urban War Zones”

When All the English Had Tails

Recent posts.

• K-cuisine in Malaysia: Are Locals Biting?
• Doing Some (Catfish) Noodling?
• Surprising Discovery Challenges Key Principle of Modern Cosmology
• The Development of Central American Film

Support JSTOR Daily

Sign up for our weekly newsletter.

So What are the Actual Rules with Conjugal Visits and How Did They Get Their Start?

To begin with, in Britain, conjugal visits aren’t a thing, though in some cases when prisoners who have been locked up for a long period are getting close to their release date, if they are considered particularly low risk for committing crimes or going off on their merry way, they may be allowed to have family leave time for brief periods. This is time meant to help re-acclimate them to the world outside of prison and get their affairs in order, including re-connecting with family and friends, looking for work, etc.- all as a way to try to help said person hit the ground running once fully released.

Moving across the pond to the United States, first, it’s important to note that prisoners in federal custody and maximum security prisons are not allowed conjugal visits. Further, in the handful of states that do allow conjugal visits, prisoners and their guests must meet a stringent set of guidelines including full background checks for any visitors. On the prisoner’s side, anyone who committed a violent crime, has a life sentence, is a sex offender, and other such serious crimes are also not eligible. Further, in Connecticut, if an inmate is a member of a gang or even thought to be so, they are also banned from conjugal visits. On top of that, pretty much everywhere, any inmate who does anything wrong whatsoever while in prison also finds themselves either temporarily or permanently banned from such visits.

This brings us to how the whole conjugal visit thing got its start in the United States; the earliest official-ish policy with regards to allowing, in this case male, prisoners to enjoy the company of the fairer sex started in the Mississippi State Penitentiary (Parchman Farm) in the early 20th century. This was instituted as a way to get its black prisoner populace, who were used pretty literally as slave labor, to work harder while working the 20,000 acres of land at this institution. In fact, the superintendent of the prison at the time was actually a farmer himself, which is why he was hired to oversee things. As historian David M. Oshinsky, author of Worse Than Slavery: Parchman Farm and the Ordeal of Jim Crow Justice , notes, “[The Administrator’s] annual report to the legislature is not of salvaged lives. It is a profit and loss statement, with the accent on the profit.”

Prisoners who didn’t work hard could be beaten and other such “stick”-type incentives leveraged. On the other hand, prisoners who worked hard, were willing to help keep their fellow prisoners in line, etc. etc. were given various rewards. In fact, in the extreme, a prisoner who managed to kill another prisoner attempting to escape could even be rewarded with a full pardon for that and whatever crime they’d previously committed to get locked up in the first place.

Most pertinent to the topic at hand, for those prisoners who were particularly well behaved and worked the hardest, one reward they could be given was the company of a prostitute on their Sunday off-day. To help facilitate this, every Sunday a literal truck load of women would be brought in to tend to the best behaved prisoners. Later, the policy was expanded to include girlfriends and wives for the men who preferred their company.

To illustrate the thinking of the prison officials in perhaps the most offensive way possible, we have this time-capsule of a quote from one contemporary prison guard from Mississippi- “You gotta understand that back in them days n***ers were pretty simple creatures. Give ‘em pork, some greens, some cornbread, and some poontang every now and then and they would work for you.”

Moving very swiftly on from there, the effectiveness of promised sex for a male prisoner, regardless of race, if they toed the line caught on and, as the century progressed, around 1/3 of the states in the U.S. eventually adopted the practice, as well as many other countries through the 20th century also instituting similar programs.

As for that effectiveness, former warden of Great Meadow Correctional Facility in New York State, Arthur Leonardo, explains, “We don’t have much to give to people in prison. If you don’t have anything to take away from someone, you don’t have anything to take away to urge them to do the right thing.”

Illustrating the effectiveness on the prisoner’s side, one Ray Coles, whose temper resulted in an assault that saw him given a nine year prison sentence, states of the incentive the conjugal visits give him to never step out of line, “Every action or choice I make is made with my wife in mind.”

As for what actually goes on during a conjugal visit, the Hollywood idea and reality, as ever, are somewhat different. While in film and TV shows, a conjugal visit is a time to get hot and sweaty with your partner, the reality is that, while sex may or may not be involved, much of the time is spent just doing normal things with not just a partner, but kids and other family members. In fact, in New York, it’s reported that around 40% of conjugal visits don’t include a spouse or the like, rather often just children and other loved ones. For this reason, these visits are usually officially called things like “Extended Family Visits” or, in New York, the “Family Reunion Program”.

As one California inmate summed up of his extended family visit with his partner, “I got to spend 2 1/2 days one-on-one with my partner, my best friend, my confidant, my life partner. It wasn’t about the sex.”

For further context here, in the United States for most prisoners, at best during normal visitation they might be allowed a brief 2 second hug with their partner and a peck on the cheek, if the latter is allowed at all. On top of that, everything you say or do is being watched, and the time together is relatively brief.

As you can imagine from this, for many prisoners, regardless of their crime, whatever prison sentence was doled out often comes with a generally unmentioned punishment of the finishing of a relationship with their partner. Combined with limited access to phones and the extreme expense of prison and jail phone calls, this also often sees a near complete disconnect from their kids, friends, etc. while in prison.

Thus, for prisoners, while sex may or may not be involved, the reality of the extended family visit is just that- depending on the exact rules for a given prison, 6-72 hours where you can spend time with your partner, kids, and sometimes other family members or friends in a somewhat normal setting, doing normal things.

As for frequency, while in movies it’s a regular thing, and little lead up time, in reality in the United States, this may be granted at best once per month all the way up to once per year, or not at all.

Towards the end of facilitating family bonding, many prisons that allow this provide a couple bedrooms to accommodate a couple and their kids, as well as things like board games, a TV, and potentially food, though costs of things like food are footed by the inmate or their loved ones. For reference, the wife of the aforementioned Ray Coles, Vanessa, states she pays around $100 per extended family visit for things like food, which is then provided by the prison.

As for regions outside the United States, places like Canada allow for extended family visits up to 72 hours in length once every couple months, including allowing anyone with a close familial bond to take part, even friends if the authorities deem the bond strong enough. As in the United States, food and other such items are paid for by the inmate or their family or friends.

Interestingly one of the most generous of the nations when it comes to family visits is Saudi Arabia, which allows a once a month visit; but if you have multiple wives, you get once per month per wife! On top of that, beyond allowing such frequent visits, the government actually pays for the travel of those coming to see you.

Back over in the United States, at its peak in the late 20th century, extended family visits were allowed in about 1/3 of states, but began dropping precipitously starting around the 1980s and 1990s to just four states today- California, Washington, New York, and Connecticut.

This was around the same time a number of such programs designed to keep people from being repeat jailbirds were given the axe across the nation, unsurprisingly directly corresponding to the prison population in the United States absolutely exploding, in the four decades since rising an astounding 500%! For reference, before the 1980s, the growth was relatively slow and steady, more or less tied to population growth. More on this in the Bonus Fact in a bit.

As for the impetus for cutting the extended family visit programs, this is generally tied to increased public sentiment starting around the 1980s and 1990s that prisoners are there to be punished, not to be coddled, and that the program costs too much. For example, in New Mexico, who relatively recently killed the extended family visit program, it was costing taxpayers about $120,000 per year.

Now, this might sound like a lot, and if you go read the news reports, this was certainly used as the driving political rhetoric to get the program nixed by the politicians involved. However, it’s noteworthy that New Mexico reports an average cost per inmate annually is a whopping $35,540, which is pretty close to the national average of about $31,000…. Meaning the entire extended family visit program was costing about what it costs to house just over 3 of their approximately 16,000 inmates per year.

Of course this is still costing taxpayers something… except when you consider, for example, a 1982 study done on New York’s prison populace which found that prisoners who were allowed extended family visits were almost 70% less likely than other prisoners to end up back in prison within three years. This makes it potentially the single most effective recidivism program known, even soundly stomping on the second king of recidivism programs- education, which we’ll talk a bit more about in the Bonus Facts.

As to why family visits seem so effective at reducing recidivism, as the aforementioned warden Arthur Leonardo, notes, those who are able to maintain family bonds while in prison, when they get out, have “someone who loves you and will help you, and in the case of children, people who depend on you…”

Going back to the reality of an extended family visit, it’s usually required that partners and the inmates be tested for STDs and come out clean before being allowed to have their little rendezvous. Further, the prisoners themselves are strip searched both before the extended family visit and after. Should they test positive for drug or alcohol use after, they are then banned from future visits indefinitely, and those who brought in the contraband may also be banned from taking part again.

On top of that, those that are visiting the prisoners must be cleared as well, though strip searches, at least in the United States, are not allowed on the visitors, so contraband may occasionally be smuggled in in certain orifices or the like. To try to get around this in, for instance California, inmates and their families are searched regularly during the extended family visits, usually at a rate of about once every four hours.

This brings us to what you can bring for an extended family visit. Well, not much- mostly just things like clean linens, certain toiletries, strictly regulated clothing, and the like. No cell phones, no electronic devices, and really not much of anything else. Even things like family pictures are pretty strictly regulated in number, type, and size. Going back to clothing, one Myesha Paul, wife of California inmate Marcello Paul who is in prison for robbery, states, “They don’t want you to have anything that’s form fitting… although we come with hips and all that, so it’s kinda hard to find what don’t fit around, you know? I just buy some men’s sweat pants and make it work.”

If you go look at the California regulations on this, they also have strict regulations when it comes to colors of clothing, for example no blue denim or forest green pants, no tan shirts, no camouflage, nothing strapless, no skirts or dresses or non-capri shorts- the list goes on and on.

Myesha also helpfully describes what a real extended family visit is like, stating, “We sat outside and played dominoes on Saturday. After that we went in and watched TV, watched movies.” And while she states her and her husband do have sex during the visit, as is almost universally noted by every other inmate and their partner we looked it, it’s more about the closeness and little things like getting to hold your partner’s hand or just hold them in general, as well as waking up next to them. She states, “It feels good… because I don’t get that at home. Ya know. At home I’m sleeping by myself, unless my grandbaby or one of my kids wanna sleep with me. But they’re grown. But they still do sleep with me sometimes. But other than that, you know, I’m waking myself up in the morning, or the alarm clock is waking me up, or my grandson comes and wakes me up. It’s good to have my husband waking me up. It’s the nicest thing about being married. Isn’t it? Waking up?”

She also states of her husband, “He watches me through the night… I know he does ’cause sometimes I wake up and he’s looking at me. And I do the same to him. Sometimes he’s sleeping and he wakes up and I’m watching him.”

Similarly summed up by the aforementioned Vanessa Coles, the value of extended family visits is about keeping her family together- “It keeps our bond going, keeps our marriage strong and keeps him on track.” As for the couple’s young kids, “The little one needs it because that’s all he knows. The older one needs it to remember what he knows.” And as for those arguing against allowing such visits, she states, “[The prisoners] are being punished. I get it. [But] destroying your marriage and family should not be a part of your sentence.”

If you liked this article, you might also enjoy our new popular podcast, The BrainFood Show ( iTunes , Spotify , Google Play Music , Feed ), as well as:

• What Happens to Your Stuff When You Get Sent to Prison for Life?
• When Did Having a Prisoner’s Last Meal Be Anything They Want Start?
• From a Life of Crime to One of the Most Prolific Actors of All Time- Danny Trejo’s Prison Break
• Are You Really Entitled to a Phone Call When Arrested?
• What Happens if You Commit a Crime in Space?

Bonus Facts:

Going back to what caused the massive spike in U.S. incarcerations starting in the 1980s that has more or less continued unabated since, one thing often pointed to is that this was around the time the war on drugs was ramped up, generally considering to account for about 25%-50% of the increase in inmate population. This still leaves the rest, which is the majority. And unless you just think U.S. citizens are far more likely to commit crimes than, for example, our European brethren, obviously there is something weird going on. As to what, a variety of factors are pointed to including the cutting of many programs designed to keep people from being repeat offenders, marked increase in sentence length, especially compared to the rest of the world for similar crimes, and perhaps the catch-all which has driven a lot of this to the extreme- the privatization of prisons that occurred at this time, making many prisons for-profit institutions.

In the decades since, these entities have heavily lobbied for things that seem pretty directly tied to doing everything possible to make prison sentences longer and keep people coming back for more- most pertinent to the topic at hand, cutting costs wherever possible for themselves, including any and all recidivism programs. After all, they get paid per inmate, so aren’t too concerned with what the total cost is to the state, other than the greater that cost, the more they make.

Naturally, the longer sentences and increased likelihood of repeat offenders, at a rate of about 45% within 3 years and 76% within five, has seen prison populations skyrocket in the United States since the 1980s. The net result of all of this being that, at present, the land of the free currently houses almost one quarter of all inmates imprisoned in the entire world! The cost of housing these inmates comes to about $50-$70 billion annually. This does not include the police and judicial costs that get the prisoners put there in the first place- all summing up to massive sums of money being spent and many more crimes being committed while proven recidivism programs that see massive reductions in repeat offenders going largely unused. And noteworthy here is that about 95% of prisoners do get out at some point.

And speaking of recidivism programs like extended family visits, a study done by the United States Department of Justice noted that prisoners given access to educational programs were, for vocational certificates 14.6% less likely to find their way back in prison within 3 years vs. the general prison populace. For those achieving a GED while in prison, they were 25% less likely to end up back in the slammer. And those who attained an Associates degree were the highest of all in their study at about 70% less likely, approximately the same benefit as those given access to extended family visits.

Averaging it all out, the net effect of the educational programs was about a 43% reduction in rate of returning to prison within 3 years. From this, crunching the numbers, the study showed that this meant for every $1 spent by the states towards educating prisoners, it saved $5 annually thanks to the reduction of prison population, let alone other cost savings in court and police expenditures and, of course, a reduction in crime rate. Given each year about 700,000 inmates are released in the United States, that amounts to a massive reduction in crime, while a rather large increase in a better educated and more skilled populace.

Finally, one more bonus fact- while violent criminals are almost always seen as the most dangerous and most likely to re-offend by the general public, the data does not back that up at all- not even close. According to the United States Department of Justice, the highest rate of re-offenders within 3 years after being released were those stealing motor vehicles at 78.8%! Next up are those in prison for selling stolen property at 77.4%. The list goes on and on, but essentially, those who steal are generally about 70%+ likely to re-offend within 3 years and are the highest at-risk re-offenders. In stark contrast, violent crime convicts are massively less likely to re-offend. For example, rapists and murderers are only 2.5% and 1.2% likely to re-offend respectively. Of course, the latter is much more news worthy and traumatic, leading to the skewed public perception.

• Conjugal Visit
• Prisoner Murders Girlfriend
• The Dark Origins of Conjugal Visits
• No Laughing Matter
• Mississippi Ending Conjugal Visits
• How Conjugal Visits Work
• States That Allow Conjugal Visits
• Conjugal Visits Correlate to Fewer Sexual Assaults
• Conjugal Visits Rules and History
• Extended Family Prison Visit
• One Conjugal Visit
• Conjugal Visits
• California Inmate Visitation
• San Quentin Visitation
• Prison Visits
• The Conjugal Visit
• Canada Visiting an Inmate
• Pennsylvania Visiting Rules
• National Crime and Justice
• Conjugal Visits Not Practical
• Australia Conjugal Visits
• South Dakota Corrections
• United States Incarceration Rate
• New Mexico Incarceration Statistics
• New Research on Prison Education
• State of Phone Justice
• Cost of Incarceration

I can’t comment on everything in the bonus facts, but I think the low (1.2%) re-offending rate for murder can be put down to two things: (1) they receive very long sentences (if not actually executed!), and so leave prison in their old age, and (2) they were more likely to have committed a crime of passion, rather than be career criminals. For that matter, I read that, at Devil’s Island, the murderers looked down on the thieves. Murder might be a worse crime, but it was usually the only one they committed, while the thieves were habitual criminals. (That might be a reason behind the high re-offending rate for stealing cars and receiving stolen goods.)

You might want to look that up because it is actually not correct. Depending on the severity of the crime murder can carry as little as a 5 year sentence, and remember it is not uncommon to serve as little as one quarter of the issues sentence. Also, execution is remarkably rare with many US states banning it or in moratorium. For a detailed state by state list of murder recommended sentences see this wiki:

https://en.wikipedia.org/wiki/List_of_punishments_for_murder_in_the_United_States

California allows gay conjugal visits in prisons

• Medium Text

Our Standards: The Thomson Reuters Trust Principles. New Tab , opens new tab

• White House
• Energy/Environment
• Health Care
• Transportation
• Heard on the Hill
• Fintech Beat
• Political Theater
• Donald Trump
• White House Calendar
• White House Releases
• Press Seating Chart
• Donald Trump Twitter
• Correspondents Dinner
• Newsletters
• Capitol Ink
• Roll Call e-Edition
• Classifieds

Playing by the rules? What a concept

Photos of the week ending May 3, 2024

Trump lurches into vacuum created by Biden’s days of silence on campus protests

Biden visits key city in swing state as Trump rails against him at courthouse

At the Races: Divided attention

Biden calls allies India, Japan ‘xenophobic’ at fundraiser with Asian American donors

Capitol Ink | Donald Trump and the Cherry Tree

• CDCR Facebook (opens new window)
• CDCR Twitter (opens new window)
• YouTube (opens new window)
• Instagram (opens new window)

In the Visiting Room

Turning in pass and awaiting prisoner’s arrival.

Upon arrival to the visiting room, the visitor turns in the pass to staff. At some prisons, the visitor also surrenders his/her identification to staff; at other prisons, the visitor must show his/her identification but otherwise holds onto it during the visit. Staff then uses the information on the pass to call the housing unit and advise the prisoner that he/she has a visit and should come to the visiting room.

Usually it should not take more than twenty minutes for an incarcerated person to get to the visiting room after staff has called. That period can be longer due to factors such as the need for an escort, the readiness of the incarcerated person for his/her visit, or unforeseen lockdowns, incidents on the yard, or quarantines. If a visitor has been waiting more than 30 minutes, he/she should ask staff about the delay. Staff will typically know whether the delay is a prison-related issue and advise the visitor; if it is not, the visitor should ask staff to call again for the incarcerated person. (When visiting room staff calls the housing unit for the incarcerated person, it becomes the responsibility of housing unit staff to advise the incarcerated person. Sometimes housing unit staff are diverted by other responsibilities and forget to advise the prisoner, so it is important to inquire if you have been waiting for more than 30 minutes.)

Prisons count their population at certain times during the day. Movement of the incarcerated population is frozen during those periods, and no incarcerated person will be released to the visiting room. The only count that is likely to interfere with visiting during the weekend hours is the Close Custody Count which prevents incarcerated people from going to the visiting from about 11:15 a.m. until the count is cleared around 12:45 p.m. The incarcerated person you are going to see will be able to tell you whether he/she is close custody and what time the “close custody” count is on Saturday and Sunday. If you arrive in the visiting room during a count period, you will be required to wait for the incarcerated person’s arrival until count has cleared (meaning that the prison has accounted for all the prisoners being counted), a period that can last more than an hour.

All prison visiting rooms have chairs set up for prisoners and their visitors to use while visiting. Most prison visiting rooms also have small tables, usually about 24 inches square and no more than 18 inches high. (A limited number of larger, taller tables are available for disabled prisoners or disabled visitors.) At some prisons, staff assigns the visitors to a specific table and/or chairs; at other prisons, the visitors are allowed to choose where they wish to sit.

Incarcerated people and visitors are subject to continuous surveillance. Most prison visiting rooms have surveillance cameras. All visiting rooms are staffed by several correctional officers. There is usually a podium or control booth where at least one officer will sit; others will walk throughout the room. Incarcerated people are usually required to sit facing the podium or control booth. Visitors are usually allowed to sit facing any direction, but some prisons may have restrictions for visitor seating as well.

Many visiting rooms have adjoining patios that incarcerated people and their visitors may use. The patios may have some grass, some play equipment for small children, and some furniture (benches, chairs, tables). The patios may be available for use during all visiting hours or only at restricted times.

Some visiting rooms have an area set aside for small children. The area is usually relatively small (about the size of a typical bedroom) and has toys, games, and books for the children. Children must be supervised at all times while on prison grounds by the adult who has accompanied them to the prison, including whenever the children are in the play area. Failure to adequately supervise children can result in the termination of the visit, but it can also result in a lack of safety for the children, so visitors should be diligent about supervision and not allow other adults (prisoners or other visitors) to supervise their children. No adults (neither prisoners nor visitors) are allowed in the play area except when supervising their children.

Contact Between Incarcerated People and Visitors

Visitors may briefly embrace their loved one while masked upon greeting and again upon exiting the visiting room. We understand loved ones are eager to reunite, but at this time, physical contact must be limited to avoid spread of COVID-19.

Physical contact between a prisoner and visitor beyond that described previously, is considered “excessive” and can be cause for staff to terminate the visit and, in some cases, to either suspend the visiting privileges of the visitor for some period and/or to discipline the incarcerated person. Although most staff will use common sense and not overreact to transitory non-sexual touching (an incarcerated person physically guiding his/her wife/husband away from an obstacle as they walk, a mother brushing dirt off an incarcerated person’s shirt), behaviors such as feeding each other, touching each other’s faces, adjusting each other’s clothing, and the like should be avoided.

Food, Photographs, and Games

Visiting rooms have vending machines stocked with food and beverages for purchase by visitors and consumption by visitors and incarcerated people. A visitor may not bring any food or beverage from the outside into the prison and cannot take out any food or beverage bought at the prison when he/she leaves. Vending machines usually have sodas, water, sandwiches (including burgers), and burritos, popcorn, candy, pastries, and coffee. At some prisons, vending machines may also include fresh fruits and vegetables. The prices will vary for such items but usually are about a dollar for a can of soda or bag of popcorn and three to four dollars for a sandwich. The visiting room has microwave ovens for the heating of frozen items.

Although at most prisons the prisoners are allowed to go to the vending machines with their visitors in order to select the food items they want, no prison allows the prisoners to touch either the money or the vending machines. An incarcerated person who handles money is subject to having his/her visit terminated and may be disciplined.

Most prisons provide limited board and card games for prisoners and their visitors to play together. These may include Scrabble, Dominoes, Uno, Checkers, Chess, and other like games. Most prisons also have children books that prisoners can read to their minor visitors as well as religious materials from most major religions (the Bible, the Torah, the Koran).

Prison visiting rooms have digital cameras available for photographs of incarcerated people and/or their visitors to be taken. There is a cost for the photographs, usually two dollars for each photograph. At some prisons, the visitor purchases a “ticket” for the photograph either from staff in the processing center or from a vending machine in the processing center or in the visiting room. At other prisons, the prisoner is required to purchase the photo ticket from the canteen. Either staff or an incarcerated person who works in the visiting room takes and prints the photograph and it is given to the incarcerated person during the course of the visit. Either the incarcerated person may keep the photo (taking it back with him/her after his/her visit) or the visitor may take the photo.

Rules and Violations

Per the Department Operations Manual, Section 54020.29.1 – Suspension or Exclusion of Visitors from the Visiting Program, it states, “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 California Code of Regulations (CCR), Title 15, Subsections 3176 – 3176.3.”

All visitors should also be aware that CDCR is prohibited from recognizing hostages for bargaining to affect an escape by inmates or for any other reason(s). In addition, the prison may be surrounded by an electric fence. To protect visitors, especially children, from being injured, visitors are cautioned to stay away from the perimeter fence line.

It is a felony for a former inmate or parolee/probationer to be on the grounds of any prison for any reason without prior written approval from the Warden of that institution. Persons discharged from parole must provide proof of discharge along with the Warden’s written permission to visit.

This handbook has already touched on several rules relating to visiting, including rules regarding supervision of minors, physical contact between prisoners and visitors, and bringing or attempting to bring items into the prison. In general, rules exist to protect the safety and security of the prison, staff, incarcerated population, and visitors, (for example, not being under the influence of drugs or alcohol, not using gang slogans, or walking somewhere on prison grounds you are not allowed.) You should behave as a reasonable person would behave in a public place (for example, staying fully clothed at all times, not verbally or physically fighting with others, not being defiant to staff.) Incarcerated people and visitors are subject to having their visits terminated and/or suspended for rule violations and prisoners may also be disciplined for violations. Serious rule violations (for example, bringing drugs or weapons to the prison or engaging in sexual contact in the visiting room) can result in terminations, suspensions, and discipline even without warning. Less serious rule violations will usually, although not always, result in warnings first and termination, suspension, or discipline only upon a repeat violation.

A visitor whose visit is terminated or whose future visits are suspended, must be given written notice of the violation, the reason for the termination or suspension, and the name of the person authorizing the action. The visitor may appeal the action by writing to the Warden; the Warden will respond within 15 days. If the visitor disagrees with the Warden’s response, he/she can appeal to the Director of Adult Institutions in Sacramento (address at the end of this handbook). Appeals to Sacramento are to be answered within 20 days of receipt by the Director’s Office, but may take longer due to the volume of appeals received and delays in the processing of mail. The action taken by the prison remains in effect while the appeal is pending.

An incarcerated person whose visits are terminated or suspended or who has been disciplined may appeal that process through the normal prisoner appeal process. Incarcerated persons are given information about process when they first enter prison.

Overcrowding

Because there are limited visiting hours at prisons and the prisoner population is large, there are times when more visitors arrive to visit than the visiting room can accommodate. The prisons in very remote areas are less likely to experience this problem than those closer to more-populous areas. When the visiting room becomes overcrowded, staff will terminate some visits in order to allow waiting visitors to come in to visit. Usually, terminations will be of those incarcerated persons and visitors who have been visiting the longest, at the time terminations become necessary, in order to make space for waiting visitors. All incarcerated people and visitors who have their visits terminated should receive a written termination report, indicating that the reason for the termination was overcrowding. If a visitor is not offered a termination report, he/she should ask for one.

In limited circumstances, an incarcerated person and/or his/her visitor may not have their visit terminated even if the visiting room becomes overcrowded. Generally, the exceptions apply to visitors who have traveled over 250 miles to get to the prison and haven’t visited in 30 or more days, to disabled visitors who must rely on specialized transportation to reach the prison, to visitors visiting due to a family emergency (such as death or serious illness), to visitors who have not visited in six or more months, and to incarcerated people who have married the day of the visit.

Leaving After a Visit

Incarcerated people are subject to non-contact visits have time-limited visits, usually one to two hours; their visitors must leave at the end of the allotted time. Incarcerated people who receive contact visits are allowed to visit until either their visits are terminated or until the end of visiting. Visitors may leave a visit at any time or stay until the end of visiting. Whenever the incarcerated person and visitor leave, it is their responsibility to clean up the area in which they were visiting by returning any books or games and putting trash into its proper place. Incarcerated persons may share a brief hug at the end of visit.

All visitors must show (or collect) their identification and pick up their pass as they leave the visiting room. Visitors should check and make sure they have been handed the correct identification and pass by staff, as sometimes a mistake is made and is not caught until the visitor gets to the processing center requiring them to return to the visiting room to collect the correct items.

Incarcerated people who have had contact visits must undergo a search before they are allowed to return to their housing units. Some incarcerated people require that the visitor remain in the visiting room until the prisoner has been searched and cleared. That process usually takes only a few minutes; but if the visitor is leaving at the end of visiting, there will be many prisoners to be searched at the same time and the wait (if the visitor is required to wait) can take much longer, up to 30 minutes. Once allowed to leave the visiting room, the visitor returns to the processing center (either by walking or by prison bus or van) and shows his/her identification and the stamp on his/her hand and surrenders his/her pass. He/she is then free to leave prison grounds.