Section 3172.1 - Approval/Disapproval of Prospective Visitors(a) The authority to approve or disapprove prospective visitors may be delegated by the institution head. This authority shall not be delegated below the level of a correctional sergeant or parole agent II.(b) Reasons for disapproving a prospective visitor include but are not limited to the following: (1) The prospective visitor has outstanding arrests/warrants including a Department of Motor Vehicles Failure to Appear notice with no disposition from the court.(2) The prospective visitor has one felony conviction within the last three years or two felony convictions within the last six years or three or more felony convictions during the last ten years.(3) The prospective visitor has any one conviction of the following types of offenses: (A) Distributing a controlled substance into or out of a state prison, correctional institution/facility or jail.(B) Transporting contraband (weapons, alcohol, escape and drug paraphernalia, cell phones or other wireless communication devices or the components thereof etc.) in or out of a state prison, correctional institution/facility or jail.(C) Aiding or attempting to aid in an escape or attempted escape from a state prison, correctional institution/facility or jail.(D) The prospective visitor is a co-offender of the incarcerated inmate.(4) The prospective visitor is a former incarcerated person who has not received the prior written approval of the institution head or designee. After one year from the date of a former incarcerated person's discharge from an institution/facility, or after discharge from parole or outpatient status, the institution head will only deny visiting by a former incarcerated person for reasons that would apply to any other person as set forth in this article.(5) The prospective visitor is a supervised person or person on probation on civil addict outpatient status and has not received written permission of their case supervisor and/or the prior approval of the institution head.(6) The identity of the prospective visitor or any information on the visiting questionnaire, is omitted or falsified.(A) If the prospective visitor has omitted information, the request to visit shall be reconsidered when the information is provided.(B) If the applicant has falsified information no other request to visit shall be considered until six months after the date of disapproval.(C) When positive identity cannot be established or clearing the criminal history of the prospective visitor is not possible due to inadequate or conflicting information, the visiting request will be reconsidered when positive identity is established.(c) The documentation of the approval or disapproval of an application to visit shall be in writing. (1) If the application is approved, incarcerated persons shall be notified in writing and are responsible for informing their prospective visitor(s) of the institution/facility decision to approve the application.(2) If disapproved, the prospective visitor and incarcerated person shall both be notified in writing. The prospective visitor's notification shall include the specific reason(s) for disapproval and instructions regarding the process for reconsideration.(d) The prospective visitor may appeal the disapproval by following the established visitor appeal process described in section 3179.(e) Approval to visit an incarcerated person is conditioned upon compliance with all laws, regulations, and procedures governing visitor conduct on institution/facility property.(f) There are no restrictions on the number of incarcerated persons that a visitor may be approved to visit at one or more institution/facility.(g) Any visitor approved for visiting at one institution/facility shall be approved to visit the same incarcerated person upon transfer to another institution/facility provided the visitor's approval status remains unchanged.Cal. Code Regs. Tit. 15, § 3172.1
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 4576 and 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 4576 and 5054, Penal Code.
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
2. Amendment of subsection (b)(3)(B) and amendment of Note filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-17-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-9-2011 order transmitted to OAL 5-3-2012 and filed 6-6-2012 (Register 2012, No. 23).
4. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).