Cal. Code Regs. tit. 15 § 3174

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3174 - Standards of Dress for Incarcerated Person Visitors

(a) Visitors are expected to dress appropriately and maintain a standard of conduct during visiting that is not offensive to others. Consistent with the goal of making visiting a safe, positive, constructive time for families and staff, the following standards shall apply:

(1) Visitors shall remain fully clothed at all times in the visiting room.

(2) Appropriate attire includes undergarments; a dress or blouse/shirt with skirt/pants/ or shorts; and shoes or sandals.

(3) For security reasons, no brassiere will have metal underwires.

(b) Prohibited attire consists of:

(1) Clothing that resembles state-issued incarcerated person clothing worn to visiting (blue denim or blue chambray shirts and blue denim pants);

(2) Clothing that resembles law enforcement or military-type clothing, including rain gear, when not legitimately worn by an individual on active duty or in an official capacity.

(3) Clothing or garments that:

(A) Expose the breast or chest area, genitals or buttocks;

(B) By design, the manner worn, or due to the absence of, excessively allows the anatomical detail of body parts or midriff to be clearly viewed;

(C) Are sheer, transparent or excessively tight;

(D) Expose more than two inches above the knee, including slits when standing.

(E) Undergarments shall be worn beneath translucent clothing, under all circumstances.

(4) Clothing or accessories displaying sexualized, violent, or offensive language, drawings or objects.

(5) Gloves, head coverings (except clear, see-through rain gear), and readily removable wigs or hairpieces. The institution head or designee may grant an exception for a visitor to wear gloves, head coverings, and/or readily removable hairpieces or wigs, based upon verification of need. Written approval shall be required prior to visiting and subject to staff inspection during any visit. The institution head or designee may also grant a general exception allowing visitors to wear gloves and head coverings based upon weather conditions at the institution/facility.

(6) Any other clothing, garment or accessory when worn in a manner that would be prohibited in (b)(1) through (5) above.

Cal. Code Regs. Tit. 15, § 3174

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

1. Amendment of subsection (d) filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment of subsection (e) filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
3. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
4. Amendment of subsection (e) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
5. Amendment of subsection (e) filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).
6. New subsection (f) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
7. Change without regulatory effect amending section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
8. New subsections (e)(1)-(2) and amendment of Note filed 2-27-95 as an emergency; operative 5-30-95 (Register 95, No. 9). A Certificate of Compliance must be transmitted to OAL by 11-6-95 or emergency language will be repealed by operation of law on the following day.
9. New subsections (e)(1)-(2) and amendment of Note refiled 11-7-95 as an emergency; operative 11-7-95 (Register 95, No. 45). A Certificate of Compliance must be transmitted to OAL by 4-14-96 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of History 9 (Register 96, No. 21).
11. Repealer of subsections (e)(1) and (e)(2) and reinstatement of Note as it existed prior to emergency amendment filed 5-30-95 pursuant to Government Code section 11349.6(d) (Register 96, No. 21).
12. New subsections (e)(1) and (e)(2) and amendment of Note filed 6-7-96 as an emergency; operative 6-7-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 10-7-96 or emergency language will be repealed by operation of law on the following day.
13. Editorial correction of subsection (e)(2) (Register 96, No. 40).
14. Change without regulatory effect amending Note filed 10-1-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 40).
15. Certificate of Compliance as to 6-7-96 order transmitted to OAL 10-3-96 and filed 11-18-96 (Register 96, No. 47).
16. Editorial correction of History 9 (Register 99, No. 4).
17. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
18. Amendment of subsections (b)(1)-(2) filed 5-16-2013; operative 5-16-2013 pursuant to Government Code section 11343.4(b)(3)(Register 2013, No. 20).
19. Amendment of subsections (b)(3)(A) and (b)(4) filed 4-22-2024; operative 4/22/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 17).
20. Change without regulatory effect amending section heading and subsection (b)(1) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).