Section 3172 - Applying to Visit an Incarcerated Person(a) It is the incarcerated person's responsibility to forward a visiting questionnaire to any prospective visitor.(b) All adults seeking to visit an incarcerated person shall provide a completed visiting questionnaire and obtain institution/facility approval before they may be permitted to visit with an incarcerated person. (1) An emancipated minor shall apply as an adult visitor, and shall provide a certified copy of the court order granting emancipation.(2) A minor legal spouse of an incarcerated person may apply to visit the incarcerated person as an adult visitor with a certified copy of their marriage license.(c) Minor visitors shall have prior written approval from a parent or legal guardian unless the minor applies as an adult as provided in (b) above. Except when prior approval has been obtained from the institution head or designee for an incarcerated person to visit with their unchaperoned minor children or siblings, visitors under 18 years of age shall be accompanied by an adult who is also approved to visit.(d) It is a felony for any former prison incarcerated person to come on institution/facility property for any reason, without prior approval of the institution head or designee. Requests must be made in writing and include a visiting questionnaire and a Certificate of Discharge. Supervised persons and prospective visitors under probation or civil addict outpatient supervision shall provide written proof of permission to make such a visit from their case supervisor.(e) The visiting approval application process shall include an inquiry of personal, identifying, and the arrest history information of the prospective visitor sufficient to complete a criminal records clearance and a decision by the institution/facility designated staff to approve or disapprove based upon the information provided. This information is subject to periodic review by designated staff. Any change in the visitor's name, address, telephone number, or arrest history must be reported and may require submission of an updated questionnaire in order to retain the status of an approved visitor.(f) Previously approved visitors shall submit a new visiting questionnaire prior to visiting any incarcerated person who has been returned to an institution/facility from parole or admitted into a substance abuse treatment control unit while on parole. The visitor shall not be allowed to visit prior to obtaining the institution/facility approval.(g) The applicant shall return the completed questionnaire to the institution/facility via common carrier or personal delivery (except as provided in subsection (d) above) addressed to the attention of "Visiting". Any questionnaire received by the visiting office directly from an incarcerated person shall be disapproved. Approved visitors required to update information in accordance with (e) above, shall, absent information which would warrant immediate disapproval, be allowed to continue to visit pending review and approval/disapproval of the questionnaire.Cal. Code Regs. Tit. 15, § 3172
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 4570.5 and 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 4570.5 and 5054, Penal Code.
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
3. Change without regulatory effect amendingNote filed 5-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 21).
4. Change without regulatory effect amending section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).