Ga. Comp. R. & Regs. R. 125-3-4-.02 - Visitor Authorization

Current through Rules and Regulations filed through April 4, 2022

(1) Each new inmate shall be interviewed on arrival at the correctional institution to which he is first permanently assigned by the Warden or his designated representative and shall identify by name, address, and relationship those persons whom he desires to place on his authorized visitor list. Names proposed by the inmate may be disapproved by the Warden if the Warden determines on the basis of information known to him or information provided to him that the proposed visitor would constitute a threat to the institutional security or would undermine the rehabilitation or discipline of the inmate. As soon as possible after the Warden completes his interview of the inmate's proposed visitor list, a copy of the list including the names of those persons who are approved by the Warden will be given to the inmate. Subsequent additions of individuals to an inmate's authorized visitor list may be made upon application. An in- mate will not be permitted to have visits with persons not appearing on his authorized visitor list. Notifications of persons disapproved by the Warden for inclusion on the authorized visitor list will be the responsibility of the inmate.
(a) Any inmate with a current or prior conviction for any sexual offense as defined in subsection (1)(b) of this Rule shall not be allowed visitation with any person under the age of 18 years unless such person is the spouse, son, daughter, brother, sister, grandson, or granddaughter of the inmate and such person is not the victim of a sexual offense for which the inmate was convicted. If visitation with a minor is restricted by court order, permission for special visitation with the minor may be granted only by the court issuing such order.
(b) The term "Sexual Offense" means a violation of Code Section 16-6-1, relating to the offense of rape; Code Section 16-6-2, relating to the offense of sodomy and aggravated sodomy; Code Section 16-6-5.1, relating to the offense of sexual assault against a person in custody; Code Section 16-6-22, relating to the offense of incest; or Code Section 16-6-22.2, relating to the offense of aggravated sexual battery, when the victim is under 18 years of age at the time of the commission of any such offense; or a violation of Code Section 16-6-3, relating to the offense of statutory rape; Code Section 16-6-4, relating to the offense of child molestation and aggravated child molestation; or Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes, when the victim was under 16 years of age at the time of the commission of any such offense.
(2) Upon the transfer of an inmate to another institution his authorized visitor list will be included in the records transferred to the gaining institution. The authorized visitor list is subject to revision, pursuant to these rules, by the Warden of the gaining institution.
(3) An authorized visitor's name may be removed from an inmate's visitor list for cause. Creating a disturbance, fighting, unruly behavior, behavior which seriously infringes on the rights of other visitors, or acts prejudicial to the operation of the institution are considered cause for purposes of this Rule.
(4) The Warden, at his discretion, may authorize special visits by persons not appearing on the inmate's authorized visitor list, but who for compassionate or other valid reasons could be expected under the circumstances to exert a salutary effect through their visit.

Notes

Ga. Comp. R. & Regs. R. 125-3-4-.02
Ga. Constitution 1983, Art. XI, Sec. I, Par. (b); Ga. L. 1956, pp. 161, 170; 1969, p. 598; 1956, pp. 161, 171; 1956, pp 161, 174 (O.C.G.A. 42-2-11); Ga. L. 1964, pp. 491, 492; 1970, pp. 318, 319 (O.C.G.A. 42-5-53); Ga. L. 1972, p. 838 (O.C.G.A. 42-10-2); 1978, p. 1647, 1983, p. 3, 507 (O.C.G.A. 42-2-10), 1996, p. 1081, (O.C.G.A. 42-5-55(b)).
Rule, entitled "Visitor Authorization," filed as Rule 415-3-4-.02 on November 14, 1984; effective December 4, 1984, renumbered as Rule 125-3-4-.02. Filed June 28, 1985; effective July 20, 1985, as specified by the Agency. Amended: Filed Oct. 8, 1999; eff. Oct. 28, 1999.

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