Section 3176.1 - Visitor Violation ProcessAny person seeking entry into an institution/facility for the purpose of visiting an incarcerated person shall be subject to all applicable laws, rules and regulations. Any person violating a law, rule or regulation while visiting shall be subject to warning, termination, suspension, and/or revocation as described below:
(a) Warning. Visitors may be verbally warned about violations of applicable law, rules, regulations or of local procedures governing visits. When a verbal warning achieves corrective action, a written report of the misconduct or warning is not necessary.(b) Termination. When verbal warnings and/or restrictions fail to achieve compliance, or fail to deter conduct by a visitor that if committed by an incarcerated person would constitute a serious rules violation, the visit shall be terminated and documented in writing.(c) Suspension up to six months. For serious or repeated violations of the rules, regulations, or procedures, and/or upon belief of the visitor's involvement in a criminal act and pending the outcome of an investigation, the official in charge of visiting may impose a suspension of the visitor's access to the visiting program for up to 6 months. The length of suspension shall be commensurate with the seriousness of the violation.(d) Suspension up to 12 months. The institution head or designee may impose a suspension of visiting for up to 12 months when a visitor is involved in criminal activity on institution/facility property which constitutes a misdemeanor.(e) Suspension up to 24 months. The director or designee may impose a suspension of visiting privileges up to 24 months when a visitor is involved in criminal activity on institution/facility property that constitutes a felony.(f) Revocation. Subsequent discovery of information that would have resulted in disapproval or disqualifying conduct are grounds for revocation of the previously granted permission to visit an incarcerated person.(g) The visitor and the incarcerated person shall be notified in writing of all formal warnings, terminations, suspensions and revocations. The notice shall clearly state the reason for the action and length of time any sanction will apply. The notification shall also include the signature of the official taking the action and advise the visitor of the right to appeal in accordance with section 3179. The notification shall be provided to the visitor at the time of the action or mailed to the visitor's last known address within five working days of the action.Cal. Code Regs. Tit. 15, § 3176.1
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
2. Change without regulatory effect amending first paragraph and subsection (b), (f) and (g) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).