Mich. Admin. Code R. 791.6609 - Limits on visitation

Current through Vol. 22-05, April 1, 2022

Rule 609.

(1) Except as otherwise provided in this rule, any person who is not subject to a current visitor restriction pursuant to the provisions of R 791.6611 may visit a prisoner if all of the following provisions are complied with:
(a) The person presents valid and adequate proof of identification.
(b) The person is on the prisoner's list of approved visitors, as provided in subrule (2) of this rule.
(c) The visit is within the allowable quota established by the department.
(d) The visit does not constitute a threat to the prisoner's physical or mental well-being.
(e) The visit does not constitute a threat to public safety or to the order and security of the institution.
(f) Allowing the visit is not harmful to the prisoner's rehabilitation.
(g) The purpose of the visit is not to commit an illegal act.
(2) Except as provided in R 791.6607(2) and subrule (3) of this rule, a person may visit a prisoner only if he or she is on the list of approved visitors for that prisoner, which shall consist of the prisoner's immediate family members and not more than 10 other persons. The approved visitors list shall be subject to all of the following restrictions:
(a) A person may be on the approved visitors list of any prisoner to whom she or he is related as an immediate family member, but shall be on the list of only 1 prisoner at a time to whom she or he is not related as an immediate family member.
(b) A person on an approved visitor list shall be not less than 18 years of age, unless he or she is the child, stepchild, or grandchild of the prisoner or an emancipated minor who can show proof of emancipation.
(c) If the person is claimed to be an immediate family member, the prisoner shall present adequate proof of the relationship, as determined by the warden or his or her designee.
(d) A prisoner may add or delete names of immediate family members from his or her approved visitors list at any time, but shall be allowed to add or delete other names only once every 6 months.
(e) A person shall be removed from a prisoner's approved visitors list upon written request by the listed person.
(f) A warden may deny placement of anyone on a prisoner's approved visitors list for reasons of safety or security of the institution, protection of the public, previous violations of visiting room rules by the person, or for other cause as determined by the warden. A denial of placement on the list may be appealed through the prisoner grievance process.
(3) The warden may allow a single visit between a prisoner and a person who is not on the approved visitors list of the prisoner if the warden determines the visit is in the best interest of the prisoner and is not a threat to the good order and security of the facility.
(4) Each institution shall prescribe and display reasonable rules of conduct for visits to preserve public safety and institutional security and order and to prevent conduct that may be offensive to others who may be present. If a prisoner or visitor violates the provisions of this subrule, then the visit may be terminated and the prisoner and visitor may be subject to sanctions up to and including a permanent restriction of all visits or restriction to noncontact visiting only.
(5) Subject to the restrictions in subrule (6) of this rule, a child who is under the age of 18 may visit a prisoner only if the child is on the prisoner's approved visitors list and is accompanied by an adult immediate family member or a legal guardian, unless the individual is an emancipated minor.
(6) A child who is under the age of 18 shall not be permitted to visit if any of the following provisions apply:
(a) The parental rights of the prisoner to the child have been terminated.
(b) There is a court order prohibiting visits between the child and the prisoner.
(c) The prisoner has been convicted of child abuse, criminal sexual conduct, or any other assaultive or violent behavior against the child or a sibling of the child, unless specific approval for the visit has been granted by the director.
(7) Except as provided in subrule (8) of this rule, a prisoner, a former prisoner, a probationer, or a parolee shall not be allowed to visit with a prisoner unless the person is on the prisoner's approved visitors list and all of the following criteria are met:
(a) The person is an immediate family member of the prisoner.
(b) Prior approval for the visit is obtained from the warden of the institution where the visit will occur.
(c) In the case of a probationer or parolee, prior approval for the visit is obtained from the warden of the institution and the supervising field agent.
(8) A former prisoner shall be allowed to visit if she or he is one of the individuals identified in R 791.6607(2).
(9) For purposes of this rule, "immediate family member" means any of the following persons:
(a) Grandparent.
(b) Parent.
(c) Stepparent.
(d) Spouse.
(e) Mother-in-law or father-in-law.
(f) Child.
(g) Stepchild.
(h) Grandchild.
(i) Sibling.
(j) Stepbrother or stepsister.
(k) Aunts and uncles if verification is provided that they served as surrogate parents.
(10) A prisoner who is hospitalized may receive visitors only if he or she is critically ill, as verified by the attending physician, and prior approval is granted by the warden or deputy warden.
(11) The director may permanently restrict all visitation privileges, except with an attorney or member of the clergy, for a prisoner who is convicted or found guilty of any of the following:
(a) A felony or misdemeanor that occurs during a visit.
(b) A major misconduct violation, as defined in R 791.5501, that occurs during a visit or is associated with a visit.
(c) An escape, attempted escape, or conspiracy to escape.
(d) Two or more violations of the major misconduct charge of substance abuse.
(12) The director may grant reconsideration and removal of a permanent visitor restriction of all visitation privileges that is imposed pursuant to subrule (11) of this rule.
(13) Nothing in this rule creates an enforceable right of the prisoner to receive a visit or of a visitor to visit a prisoner.

Notes

Mich. Admin. Code R. 791.6609
1979 AC.; 1993 AACS; 1995 AACS

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