Visiting Regulations

By Elizabeth Franklin-Best, Esq., and Christopher Zoukis, JD, MBA

Program Statement 5267.09 at a glance

Field	Value
Program Statement	5267.09, CN-1
Subject	Visiting Regulations
Effective / current edition date	Change Notice CN-1 dated August 1, 2023 (approved by Colette S. Peters, Director; OPI CPD/CSB), sitting in front of base Program Statement 5267.09 dated December 10, 2015 (approved by Charles E. Samuels, Jr., Director; OPI CPD/CSB)
Change notice	CN-1 (8/1/2023) — legal access after a disruptive event; no visitor barred over sanitary products; “staff” replaced by “employee” throughout the implementing text
Supersedes / rescinds	The base edition’s own references name PS 5267.08 (5/11/2006) as the prior visiting policy; CN-1 amends the 2015 edition rather than replacing it
Governing statute	18 U.S.C. § 4042 is the authority cited on the visitor-background form. The visiting-room contraband warning rests on 18 U.S.C. § 1791
Governing regulation (28 C.F.R.)	Part 540, subpart D — §§ 540.40 through 540.52 (§ 540.48 is removed and reserved). The Program Statement reproduces each section in boxed regulatory text
Related BP forms	BP-A0629, Visitor Information; BP-A0224, Notification to Visitor; BP-A0311, Request for Conviction Information (not publicly posted)
Official PDF	PS 5267.09 CN-1 (August 1, 2023)

Checked against the BOP policy set · 2026-09-06.

Program Statement 5267.09 is the Bureau of Prisons policy on visiting, and it is unusual in one respect that changes how you should read it: most of the page is the regulation itself, printed in boxed type, with the Bureau’s implementing instructions in plain type underneath. That means the visiting rules that matter most — a four-hour monthly minimum, who may go on the list, the ten-friend guideline, photo identification, and the grounds for cutting a visit off — are binding regulatory text at 28 C.F.R. §§ 540.40–540.52, not merely internal policy.

For the practical side — planning a first visit, what to expect at the entrance, what to do when an approval takes months — read this alongside our guide to visiting someone in federal prison. This page is the rule set: the enumerated limits, the approval process, and the specific text a warden must point to before restricting or terminating a visit.

The rule itself: the visiting rules table

Below is every hard rule PS 5267.09 states, in the Bureau’s own words. Where the text sits inside the boxed regulation it is also binding law; where it sits in the implementing instructions it is Bureau policy. Both are marked. Note what the Program Statement does not contain: there is no national dress code, no list of items visitors may bring, and no visiting-point or hour-credit system. Those are set locally, in each institution’s Institution Supplement, which the policy directs must cover the “[a]pproved dress code,” the “[i]dentification requirements for visitors,” and the “[i]tems authorized in the visiting room” (PS 5267.09 at p. 15).

Subject	The rule, verbatim	Source	Page
Minimum visiting time	“The Warden shall allow each inmate a minimum of four hours visiting time per month. The Warden may limit the length or frequency of visits only to avoid chronic overcrowding.”	Regulation — § 540.43	p. 7
Number of visitors at one time	“The Warden may establish a guideline for the maximum number of persons who may visit an inmate at one time, to prevent overcrowding in the visiting room or unusual difficulty in supervising a visit. Exceptions may be made to any local guideline when indicated by special circumstances, such as distance the visitor must travel, frequency of the inmate’s visits, or health problems of the inmate or visitor.”	Regulation — § 540.43	p. 7
Additional hours beyond four	“The Warden may establish a limit, consistent with available resources, on the number of visits an inmate may receive and/or the number of visiting hours (in excess of four) allotted to the inmate each month.”	Implementing instruction	p. 7
Minimum visiting days	“At a minimum, the Warden shall establish visiting hours at the institution on Saturdays, Sundays, and holidays. … Where staff resources permit, the Warden may establish evening visiting hours.”	Regulation — § 540.42	p. 7
No entitlement to both weekend days	“There is no requirement that every visitor has the opportunity to visit on both days of the weekend, nor that every inmate has the opportunity to have visits on both days of the weekend.”	Regulation — § 540.42	p. 7
Immediate family	“These persons include mother, father, step-parents, foster parents, brothers and sisters, spouse, and children. These individuals are placed on the visiting list, absent strong circumstances that preclude visiting.”	Regulation — § 540.44(a)	p. 8
Other relatives	“These persons include grandparents, uncles, aunts, in-laws, and cousins. They may be placed on the approved list if the inmate wishes to have visits from them regularly and if there exists no reason to exclude them.”	Regulation — § 540.44(b)	p. 8
Friends and associates	“The visiting privilege ordinarily will be extended to friends and associates having an established relationship with the inmate prior to confinement, unless such visits could reasonably create a threat to the security and good order of the institution.”	Regulation — § 540.44(c)	p. 8
Friends-and-associates limit	“Ordinarily, an inmate’s visiting list should not list more than 10 friends and associates. The Warden may make an exception to this provision when warranted.”	Implementing instruction	p. 9
Prior-relationship rule	“Regardless of the institution’s security level, the inmate must have known the proposed visitor(s) prior to incarceration. The Warden must approve any exception to this requirement.”	Implementing instruction	p. 9
Prior criminal convictions	“The existence of a criminal conviction alone does not preclude visits. Staff shall give consideration to the nature, extent, and recentness of convictions, as weighed against the security considerations of the institution. Specific approval of the Warden may be required before such visits take place.”	Regulation — § 540.44(d)	p. 9
Visitors on supervision	“Ordinarily, staff employees should obtain written authorization from the appropriate Federal or state probation/parole official prior to approving visitation privileges for an individual on probation, parole, or supervised release.”	Implementing instruction	p. 9
Children under sixteen	“Children under the age of 16 may not visit unless accompanied by a responsible adult. Children shall be kept under supervision of a responsible adult or a children’s program. Exceptions in unusual circumstances may be made by special approval of the Warden.”	Regulation — § 540.44(e)	pp. 9–10
Applicants under 18	“The signature of a parent or legal guardian on the Visitor Information form (BP-A0629) is necessary to process a request for an applicant under 18 years of age.”	Implementing instruction	p. 10
Minister of record	“An inmate may only have one minister of record on his/her visiting list at a time. The addition of the minister of record will not count against the total number of authorized regular visitors an inmate is allowed to have on his/her visiting list, and will not count against the total number of social visits allowed.”	Implementing instruction	p. 11
Consular visitors	“When it has been determined that an inmate is a citizen of a foreign country, the Warden must permit the consular representative of that country to visit on matters of legitimate business. The Warden may not withhold this privilege even though the inmate is in disciplinary status.”	Regulation — § 540.45(b)	p. 10
Identification	“Staff shall verify the identity of each visitor (through driver’s license, photo identification, etc.) prior to admission of the visitor to the institution.” Implementing: “Photo Identification must be a valid state or government-issued photo identification.” “Visitors under the age of 16 who are accompanied by a parent or legal guardian are exempt from this provision.”	Regulation — § 540.51(d) + implementing	p. 18
Background checks	“Staff may request background information from potential visitors who are not members of the inmate’s immediate family, before placing them on the inmate’s approved visiting list.” Implementing: background information “is required in the Medium, High, and Administrative institutions”; “Periodic background checks are to be conducted every two years.”	Regulation — § 540.51(b)(2) + implementing	pp. 16–17
What may be carried in	“All authorized items entering the visiting room must be carried in a clear plastic container/bag.”	Implementing instruction	p. 20
Gifts and money	“The visiting room officer may not accept articles or gifts of any kind for an inmate, except packages which have had prior approval by the Warden or a designated staff member.” Implementing: “An inmate’s visitor may not leave money with any staff member employee for deposit in the inmate’s commissary account.”	Regulation — § 540.51(h)(3) + implementing	p. 20
Physical contact	“Staff shall permit limited physical contact, such as handshaking, embracing, and kissing, between an inmate and a visitor, unless there is clear and convincing evidence that such contact would jeopardize the safety or security of the institution. Where contact visiting is provided, handshaking, embracing, and kissing are ordinarily permitted within the bounds of good taste and only at the beginning and at the end of the visit.”	Regulation — § 540.51(h)(2)	p. 20
Searching visitors	“Staff may require a visitor to submit to a personal search, including a search of any items of personal property, as a condition of allowing or continuing a visit.”	Regulation — § 540.51(f)	p. 19
Animals	“Visitors are precluded from bringing animals on to institutional grounds, except for animals that assist persons with disabilities. The visitor must provide staff employees with certification that the animal is trained for that purpose.”	Implementing instruction	p. 21

Source: PS 5267.09 CN-1 at pp. 7–21.

Suspension and termination — the grounds, verbatim

These are the provisions a warden must point to before a visit is stopped, and the ones worth quoting back in a grievance.

Situation	The rule, verbatim	Source	Page
Terminating a visit in progress	“The visiting room officer shall ensure that all visits are conducted in a quiet, orderly, and dignified manner. The visiting room officer may terminate visits that are not conducted in the appropriate manner.”	Regulation — § 540.51(h)(1)	p. 19
Detention or segregation status	“Ordinarily, an inmate retains visiting privileges while in detention or segregation status. Visiting may be restricted or disallowed, however, when an inmate, while in detention or segregation status, is charged with, or has been found to have committed, a prohibited act having to do with visiting guidelines or has otherwise acted in a way that would reasonably indicate that he or she would be a threat to the orderliness or security of the visiting room.”	Regulation — § 540.50(c)	p. 14
Loss of visits for other reasons	“Loss of an inmate’s visiting privileges for other reasons may not occur unless the inmate is provided a hearing before the Discipline Hearing Officer (DHO) … which results in a finding by the DHO that the inmate committed a prohibited act and that there is a lack of other appropriate sanctions or that imposition of an appropriate sanction previously has been ineffective.”	Regulation — § 540.50(c)	p. 14
The UDC’s limits	“The Unit Discipline Committee (UDC) may not impose a loss of visiting privileges for inmates in detention or segregation status.”	Regulation — § 540.50(c)	p. 14
Admission and holdover	“The Warden may limit to the immediate family of the inmate visits during the admission-orientation period or for holdovers where there is neither a visiting list from a transferring institution nor other verification of proposed visitors.”	Regulation — § 540.50(a)	p. 13
Hospitalized inmates	“When visitors request to see an inmate who is hospitalized in the institution, the Chief Medical Officer (or, in his absence, the Health Services Administrator), in consultation with the Captain, shall determine whether a visit may occur, and if so, whether it may be held in the hospital.”	Regulation — § 540.50(b)(1)	pp. 13–14
Penalty for violations	“Any act or effort to violate the visiting guidelines of an institution may result in disciplinary action against the inmate, which may include the denial of future visits, possibly over an extended period of time. Moreover, criminal prosecution may be initiated against the visitor, the inmate, or both, in the case of criminal violations.”	Regulation — § 540.52	p. 20
Contraband prosecution	“[T]he Bureau will seek criminal prosecution against visitors who participate in contraband violations. Additionally, as a disincentive for inmates found guilty of these violations, the Discipline Hearing Officer (DHO) or Unit Discipline Committee (UDC) may impose the loss of visiting privileges as a sanction.”	Implementing instruction	p. 21

Source: PS 5267.09 CN-1 at pp. 13–21.

What the visiting regulations mean for you

If you are the person inside: starting your visiting list

The list is yours to build, and you have to start it. Section 540.44 puts the first move on you — “[a]n inmate desiring to have regular visitors must submit a list of proposed visitors to the designated staff” — and the procedures section directs that staff “ask each inmate to submit during the admission-orientation process a list of proposed visitors” (PS 5267.09 at pp. 8, 15). Immediate family goes on “absent strong circumstances that preclude visiting.” Everyone else is investigated first, and the friends-and-associates guideline is ten.

Two structural points save people months. First, the initial list is prepared from immediate family and additional names are added “following the completion of an appropriate investigation” — so send the BP-A0629 out early, because the policy makes you responsible for mailing it: “the inmate shall be held responsible for mailing a release authorization to the proposed visitor.” Second, on transfer, staff “do not need to reapprove the visitors already contained on the inmate’s visiting list,” though they will review it and regenerate background checks more than two years old (at p. 17).

If visits are cut off, read § 540.50(c) closely before doing anything else. Ordinarily you keep visiting privileges even in detention or segregation; loss of visits “for other reasons” is supposed to follow a DHO hearing and a finding, and the UDC may not impose loss of visits on someone in detention or segregation status. Those are the sentences a grievance is built on.

If you are a family member: the form and the identification

Start with the form and the identification. You will be asked to complete a Visitor Information form, BP-A0629, which tells you plainly that “[y]ou are not required to supply the information requested,” but that withholding it means “the processing of your request will be suspended, and you will receive no further consideration.” It cites 18 U.S.C. § 4042 as the Bureau’s authority for asking, and warns that the criminal penalty for a false statement is a fine or up to five years under 18 U.S.C. § 1001. Answer it completely and truthfully, and send it directly to the staff member named — not back through your loved one.

At the institution you will be asked to sign a Notification to Visitor, BP-A0224, which records consent to search and asks whether you or any child under 16 in your party is carrying tobacco, weapons, phones, cameras, recording equipment, medication or a long list of other items. Bring a valid state or government-issued photo ID; visitors under 16 accompanied by a parent or legal guardian are exempt. Everything you carry into the visiting room must be in a clear plastic container, and you cannot leave money with staff for a commissary account.

Know the floor and the ceiling. The floor is four hours a month, set by regulation. There is no ceiling in national policy — additional hours, the number of people who may visit at once, evening hours and the dress code are all set locally. If you are traveling a long way, say so in advance and in writing: the regulation expressly contemplates exceptions “when indicated by special circumstances, such as distance the visitor must travel.”

If you are counsel: visiting

Attorney visits are not governed by this policy’s visiting-list machinery. 28 C.F.R. § 540.46 provides that “[r]equirements for attorney visits are governed by the provisions on inmate legal activities (see §§ 543.12 through 543.16 of this chapter),” and that “[p]rovisions pertinent to attorney visits for pretrial inmates are contained in § 551.117 of this chapter.” Work from part 543, subpart B, and from PS 1315.08 — see our Inmate Legal Activities page.

CN-1 gave you something worth knowing about. It directs each facility to develop “alternative legal access arrangements” for use when “a significant or disruptive event at a facility exceeds 24 hours,” which “may include, but are not limited to, alternative visiting locations at the facility, expansion of normal visiting hours, and any additional procedures consistent with the mission and security of the facility,” and provides that “[r]estriction of legal access should occur only when necessary to protect the safety and security of employees, inmates, or the public.” It also directs notice to “the local Federal Public Defender Office(s), the local United States District Court(s), and the local United States Attorney’s Office(s)” for facilities housing pretrial detainees (PS 5267.09 CN-1 at pp. 1–2). Ask for the Institution Supplement that implements it.

On the merits of a visiting challenge, calibrate expectations honestly. In Overton v. Bazzetta, 539 U.S. 126 (2003), the Supreme Court held that a prison regulation impinging on a constitutional right is valid “if it is reasonably related to legitimate penological interests,” declining to define the scope of any surviving associational right “because the challenged regulations bear a rational relation to legitimate penological interests,” and upheld both categorical limits on child visitors and a two-year withdrawal of visitation for repeat substance-abuse violations. The Court added that a case would “present different considerations” if a withdrawal of all visitation “were permanent or for a much longer period, or if it were applied in an arbitrary manner to a particular inmate.” That last sentence, plus the Bureau’s own § 540.50(c) hearing requirement, is where the workable arguments live.

What changed in the 2023 visiting change notice

The current edition is a 2015 Program Statement with a 2023 change notice on the front. Change Notice CN-1, dated August 1, 2023 and approved by Director Colette S. Peters, states that it “implements changes to Program Statement 5267.09, Visiting Regulations, dated December 10, 2015,” and identifies exactly what it does: it “establishes procedures for ensuring inmates have access to legal counsel during a significant disruptive event,” and “per the First Step Act, no visitor can be prohibited from visiting an inmate due to the use of sanitary (i.e. feminine hygiene) products” (PS 5267.09 CN-1 at p. 1).

Four things came in with CN-1. Each Institution Supplement must now cover procedures for legal access “as soon as it is safely possible after a facilities issue or other disruptive event”; procedures “for notifying inmate families and the public when deviation from the visitation schedule occurs”; procedures ensuring no visitor is barred over sanitary products; and “[g]uidance on providing a private area for nursing as nursing infants are permitted in the visiting room.” CN-1 also made a global vocabulary change: “[t]hroughout this Program Statement, the term ‘staff’ (member) has been replaced by the term ’employee,'” with “employee” used in the black implementing text and “staff” retained in the bold blue regulatory text (at p. 2). That is why the implementing paragraphs read “staff employees” in places — it is an editing artifact of the substitution, not two different actors.

What did not change is more consequential. The underlying regulation, 28 C.F.R. part 540 subpart D, still carries source credits running back to 45 FR 44232 (June 30, 1980) at § 540.40, and the visiting sections have not been rewritten since. Meanwhile a new section was added to a neighboring subpart that this policy does not mention at all: 28 C.F.R. § 540.106, added at 85 FR 37336 (June 22, 2020), authorizes the Bureau, during the CARES Act “covered emergency period” and on the Attorney General’s determination, to “authorize inmates to conduct visitation through video teleconferencing and telephonically, free of charge to inmates, notwithstanding provisions in part 540 to the contrary.” Neither the 2015 base policy nor the 2023 change notice addresses video visiting. If you are told what the rule on video visits is, ask which document it comes from.

Two citations inside the Program Statement have gone stale, and both are worth catching before you quote them. The policy quotes 18 U.S.C. § 3582(d) for the court’s power to order a defendant not to associate or communicate with a specified person (at p. 9); the First Step Act of 2018 added a new subsection (d) to § 3582 and redesignated the old one, so that provision is now § 3582(e). And the policy twice points to the pre-2011 discipline regulations — “28 CFR §541.12, item 5” and “§541.17 of this chapter” (at pp. 14, 19) — which no longer exist in that form; the discipline rules were rewritten and now sit at 28 C.F.R. part 541, subpart B (§§ 541.20–541.33). The substance the policy describes still tracks current practice, but the section numbers do not.

Where people get stuck waiting for visiting list approval

The visiting list approval takes months

The Program Statement sets no deadline for approving a visitor. It says the initial list is prepared “as soon as practicable after receiving the required information to process the visiting list,” and that “[w]henever a person is deleted from or added to an inmate’s visitor list, staff employees update the list as soon as possible” (PS 5267.09 at pp. 15–16). “As soon as practicable” is not a clock.

What you can control is the chain of custody. The policy makes the incarcerated person responsible for mailing the BP-A0629 to the proposed visitor, and directs that “[t]he proposed visitor must complete this form and mail it directly to the unit staff member employee responsible for processing the inmate’s visiting list” — with the inmate advised “to provide his/her proposed visitor with the staff member’s employee’s name and address.” Most delays trace to a form that went to a general mailroom address, or that came back through the incarcerated person instead of going straight to the named staff member. Send it once, correctly, and log the date. If months pass with no decision, that is an issue relating to confinement and runs through the Administrative Remedy Program — informal resolution first under 28 C.F.R. § 542.13, then a BP-9 within 20 calendar days of the event under § 542.14.

A visitor with a criminal record is denied

The regulation is more favorable here than most people expect, and it is worth quoting exactly: “The existence of a criminal conviction alone does not preclude visits. Staff shall give consideration to the nature, extent, and recentness of convictions, as weighed against the security considerations of the institution” (28 C.F.R. § 540.44(d); PS 5267.09 at p. 9). A blanket denial based on the fact of a conviction, with no consideration of its nature, extent or recentness, is not what the regulation directs.

Where the visitor is on probation, parole or supervised release there is an extra step, and it is usually the real obstacle: “[o]rdinarily, staff employees should obtain written authorization from the appropriate Federal or state probation/parole official prior to approving visitation privileges.” That authorization is something the visitor can go get. Ask the supervising officer for a written statement, in advance, and send it with the BP-A0629 rather than waiting for the institution to request it. If the denial stands, the policy directs that documentation of the decision be maintained in section 2 of the Privacy Folder in the Inmate Central File — which is where a records request should be aimed.

Visits stop after an incident report

Separate two things that look alike. A sanction of loss of visiting privileges comes out of the discipline process, and the visiting policy expressly recognizes that “the Discipline Hearing Officer (DHO) or Unit Discipline Committee (UDC) may impose the loss of visiting privileges as a sanction” (PS 5267.09 at p. 21). A restriction on someone in detention or segregation status is governed by § 540.50(c), which is narrower than people assume: ordinarily visiting privileges are retained; they may be restricted where the person is charged with or found to have committed a prohibited act “having to do with visiting guidelines” or has otherwise acted in a way indicating a threat to the visiting room; loss “for other reasons” calls for a DHO hearing and a finding; and “[t]he Unit Discipline Committee (UDC) may not impose a loss of visiting privileges for inmates in detention or segregation status.”

That means the first question is always which mechanism was used and by whom. A DHO sanction is challenged through the discipline route — a DHO appeal goes initially to the Regional Director under 28 C.F.R. § 542.14, and our Inmate Discipline Program page explains the hearing that should have happened first. A restriction imposed without any of those steps is a different argument, and a stronger one. Overton v. Bazzetta, 539 U.S. 126 (2003), reminds us that a court reviewing the restriction itself will ask only whether it is reasonably related to legitimate penological interests — which is precisely why the argument that the Bureau did not follow its own binding regulation is usually the better one.

A visitor is turned away at the door

The document to ask for is the BP-A0224, Notification to Visitor, and the sentence to know is in § 540.51(e): “Staff shall make available to all visitors written guidelines for visiting the institution,” and shall have the visitor sign a statement acknowledging receipt “and declaring that the visitor does not have any article in his/her possession which the visitor knows to be a threat to the security of the institution. Staff may deny the visiting privilege to a visitor who refuses to make such a declaration” (PS 5267.09 at p. 18).

Take the refusal seriously as a legal matter. The visiting guidelines a visitor receives must, by regulation, “cite 18 U.S.C. 1791, which provides a penalty of imprisonment for not more than twenty years, a fine, or both for providing or attempting to provide to an inmate anything whatsoever without the knowledge and consent of the Warden.” That twenty-year figure is the top of a graduated schedule in the current statute, which runs from twenty years down through ten, five, one year and six months depending on the object class (18 U.S.C. § 1791(b)) — but the exposure is real, and the searching, detaining and arresting of visitors is governed by a separate policy. If a visitor is detained or questioned rather than simply turned away, that is the point to stop talking and call a lawyer. See our page on searching and detaining visitors (PS 5510.15).

Related BOP policy on visiting

Page	What it covers
Visiting someone in federal prison	The paired plain-English guide: planning a first visit, what happens at the entrance, and what to do when approval stalls
Inmate Legal Activities (PS 1315.08)	Attorney visits, legal calls and law library access — governed by part 543, not by the visiting rules
Searching and detaining visitors (PS 5510.15)	What staff may do at the entrance, and what happens if a visitor is detained
Ion spectrometry visitor screening (PS 5524.01)	The drug-residue device used on visitors and what a positive reading means
Inmate Discipline Program (PS 5270.09)	Incident reports, the UDC and the DHO — where a loss-of-visits sanction actually comes from
Special Housing Units (PS 5270.12)	Visiting while in detention or segregation status
Inmate telephone regulations (PS 5264.08)	The parallel rules for phone contact, including the 30-number list
Inmate correspondence (PS 5265.14)	Mail, special mail and legal correspondence
Administrative Remedy Program (PS 1330.18)	The grievance route for a denied, delayed or terminated visit
Federal prison early release	Where sustained family contact becomes part of a release-planning record

Frequently Asked Questions About Visiting Regulations

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Program Statement 5267.09 — full text

What follows is the Bureau’s own text, reproduced in full from its published PDF. Nothing is shortened or paraphrased. The official version is posted by the Bureau here: PS 5267.09 CN-1 (PDF).

U.S. Department of Justice Federal Bureau of Prisons

CHANGE NOTICE

OPI: CPD/CSB NUMBER: 5267.09, CN-1 DATE: August 1, 2023

Visiting Regulations

/s/ Approved: Colette S. Peters Director, Federal Bureau of Prisons

This Change Notice (CN) implements changes to Program Statement 5267.09, Visiting Regulations, dated December 10, 2015. This CN establishes procedures for ensuring inmates have access to legal counsel during a significant disruptive event. In addition, per the First Step Act, no visitor can be prohibited from visiting an inmate due to the use of sanitary (i.e. feminine hygiene) products. The inserted text is marked in highlight.

1. PURPOSE AND SCOPE

c. Institution Supplement. Each institution will develop local procedures and guidelines

required to administer this Program Statement. The institution will involve the Regional Office, Correctional Services Administrator, in developing the Institution Supplement.

• Procedures to ensure inmates can access legal counsel as soon as it is safely possible after a facilities issue or other disruptive event.
• Procedures for notifying inmate families and the public when deviation from the visitation schedule occurs.
• Procedures that no visitor is prohibited from visiting an incarcerated individual due to such visitor’s use of sanitary (i.e. feminine hygiene)products.
• Guidance on providing a private area for nursing as nursing infants are permitted in the visiting room.

10. ATTORNEY VISITS

Alternative Legal Access Arrangements. To ensure inmates have access to legal counsel as soon as it is safely possible after a significant or disruptive event at a facility exceeds 24 hours, each facility will develop alternative legal access arrangements. These plans may include, but are not limited to, alternative visiting locations at the facility, expansion of normal visiting hours, and any additional procedures consistent with the mission and security of the facility. Restriction of legal access should occur only when necessary to protect the safety and security of employees, inmates, or the public.

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 2

Notification of Visiting Disruption. In instances where there is a significant or disruptive event affecting the conditions of confinement and, institution management decides to restrict legal and/or social visiting, employees must make all reasonable efforts to notify all known parties affected by the disruption. This includes, but is not limited to inmate families, defense counsel, local courts, and the public. For facilities housing pretrial inmates, such notice must also be made to the local Federal Public Defender Office(s), the local United States District Court(s), and the local United States Attorney’s Office(s). This information can be transmitted via telephone, email, or listed on the Institution’s webpage.

Throughout this Program Statement, the term ‘staff’ (member) has been replaced by the term ‘employee.’ For purposes of this Program Statement, the term ‘employee’ is used in black implementing text and is intended to have the same meaning as the term ‘staff’ used in bold and blue regulatory text.

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 3 U.S. Department of Justice Federal Bureau of Prisons

PROGRAM STATEMENT

OPI CPD/CSB

NUMBER 5267.09

DATE December 10, 2015

Visiting Regulations

/s/ Approved: Charles E. Samuels, Jr. Director, Federal Bureau of Prisons

1. PURPOSE AND SCOPE

§540.40. Purpose and scope.

The Bureau of Prisons encourages visiting by family, friends, and community groups to maintain the morale of the inmate and to develop closer relationships between the inmate and family members or others in the community. The Warden shall develop procedures consistent with this rule to permit inmate visiting. The Warden may restrict inmate visiting when necessary to ensure the security and good order of the institution.

Due to practical considerations and the different characteristics of institutions, certain limitations and controls must be established in developing and administering visiting regulations. The extent of these limitations will vary with each institution, and are recognized as reasons upon which visiting restrictions may be based. These limitations will be specified in the Institution Supplement.

The Warden has the authority to restrict or suspend an inmate’s regular visiting privileges temporarily when there is reasonable suspicion that the inmate has acted in a way that would indicate a threat to the good order or security of the institution. Ordinarily, the duration of the restriction or suspension should be limited to the time required to investigate and complete the discipline process.

Federal Regulations from 28 CFR are shown in this type. Implementing instructions are shown in this type.

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 4 Reasonable suspicion exists when reliable information and/or facts are presented to the Warden that the inmate is engaged, or attempting to engage, in criminal or other prohibited behavior. Reasonable suspicion must be directed to the inmate(s)/visitor(s) in question.

In determining reasonable suspicion, staff employees should consider whether the available information could reasonably lead a person with correctional experience to suspect that the inmate is engaged in criminal or other prohibited behavior. (See Section 13.c. of this Program Statement for reference to inmates in detention or segregation status.)

a. Summary of Changes. This re-issuance incorporates the following modifications:

Policy Rescinded

• Guidelines for Walsh Act assignments added.
• Clarified language for Minister of Record.

b. Program Objectives. The expected results of this program are:

• All inmates will be permitted visits by family, friends, and community groups consistent with the security and orderly running of the institution.
• A record of visitors will be maintained for all inmates.
• A visiting schedule will be established for all institutions.
• Procedures to monitor all visiting areas will be established to prevent the passage of contraband and to ensure the security and good order of the institution.

c. Institution Supplement. Each institution will develop local procedures and guidelines

required to administer this Program Statement. The institution will involve the Regional Office, Correctional Services Administrator, in developing the Institution Supplement.

The Institution Supplement must be available in English and Spanish.

The Institution Supplement will include, at a minimum, the following considerations:

• The visiting schedule for the institution, including all of its components (satellite camp, jail, etc.), if they differ.
• Holdover visiting procedures (time frame for approval; who is permitted to visit, etc.).
• Procedures addressing special visitors (i.e., minister of record and clergy visits).
• Procedures for disapproving proposed visitors.
• Procedures for approving any exception to the prior relationship requirement.

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 5

• The method by which staff employees will make written guidelines available to visitors.
• Limitations specific to the institution (e.g., visiting space, frequency of visits, number of visitors).
• Identify staff employees responsible for arranging and supervising special visits.
• Procedures to maintain a record of visitors for each inmate.
• Procedures for a backup system to the computer visiting program.
• Facility address/phone number, directions to the facility, and information about local transportation.
• Days and hours of visitation.
• Approved dress code.
• Identification requirements for visitors.
• Items authorized in the visiting room.
• Special rules for children.
• Authorized items that visitors may bring to give to the inmate, if applicable.
• Special visit requirements.
• Procedures for storing items not authorized in the visiting room (cellphones, car keys, handbags, etc.).
• Visiting procedures for inmates assigned to the Special Housing Unit.
• Visiting procedures for inmates hospitalized in the community.
• Procedures for child areas (e.g., whether inmates are permitted in areas designated for children).
• The size and quantity of any clear plastic container/bag used to carry authorized items into a visiting room.
• Procedures for the use of non-contact visiting areas (if available).
• Procedure to ensure the maximum capacity of the visiting room is not exceeded (i.e., early termination due to overcrowding).
• Procedures addressing frequency of changes to the inmate(s) Visiting List.
• Procedures addressing supervision of inmates convicted of a Walsh Act offense involving a minor.
• Procedures to ensure inmates can access legal counsel as soon as it is safely possible after a facilities issue or other disruptive event.
• Procedures for notifying inmate families and the public when deviation from the visitation schedule occurs.
• Procedures that no visitor is prohibited from visiting an incarcerated individual due to such visitor’s use of sanitary (i.e. feminine hygiene)products.
• Guidance on providing a private area for nursing as nursing infants are permitted in the visiting room.

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2. PRETRIAL/HOLDOVER/DETAINEE PROCEDURES

The procedures specified in this Program Statement apply to all inmates housed in Bureau institutions. Refer to the Program Statement Pretrial Inmates for specific information regarding pretrial inmates.

3. VICTIM/WITNESS CASES

Refer to the Program Statement Victim and Witness Notification for procedures when a Victim/Witness Program (VWP) inmate requests to place a victim or witness on his/her visiting list.

4. WITSEC INMATE

Refer to the Program Statement Central Inmate Monitoring System Operations Manual (Sensitive But Unclassified) for procedures when an inmate in the Witness Security Program (WITSEC) requests to place an individual on his/her visiting list.

5. VISITING FACILITIES

§540.41. Visiting facilities.

The Warden shall have the visiting room arranged so as to provide adequate supervision, adapted to the degree of security required by the type of institution. The Warden shall ensure that the visiting area is as comfortable and pleasant as practicable, and appropriately furnished and arranged. If space is available, the Warden shall have a portion of the visiting room equipped and set up to provide facilities for the children of visitors.

a. Institutions of minimum and low security levels may permit visits beyond the

security perimeter, but always under supervision of staff.

b. Institutions of medium and high security levels, and administrative institutions

may establish outdoor visiting, but it will always be inside the security perimeter and always under supervision of staff.

Reasonable accommodations should be made to ensure that all parts of the visiting area accessible to the public are also accessible to visitors and inmates with disabilities.

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 7

6. VISITING TIMES

§540.42 Visiting times.

a. Each Warden shall establish a visiting schedule for the institution. At a

minimum, the Warden shall establish visiting hours at the institution on Saturdays, Sundays, and holidays. The restriction of visiting to these days may be a hardship for some families and arrangements for other suitable hours shall be made to the extent practicable. Where staff resources permit, the Warden may establish evening visiting hours.

b. Consistent with available resources, such as space limitations and staff

availability, and with concerns of institution security, the Warden may limit the visiting period. With respect to weekend visits, for example, some or all inmates and visitors may be limited to visiting on Saturday or on Sunday, but not on both days, in order to accommodate the volume of visitors. There is no requirement that every visitor has the opportunity to visit on both days of the weekend, nor that every inmate has the opportunity to have visits on both days of the weekend.

To the extent practicable, and consistent with available resources and concerns for institution security, the Warden is encouraged to establish visiting and/or attempt to accommodate a visitor who can only visit on a specific weekend day.

7. FREQUENCY OF VISITS AND NUMBER OF VISITORS

§540.43. Frequency of visits and number of visitors.

The Warden shall allow each inmate a minimum of four hours visiting time per month. The Warden may limit the length or frequency of visits only to avoid chronic overcrowding. The Warden may establish a guideline for the maximum number of persons who may visit an inmate at one time, to prevent overcrowding in the visiting room or unusual difficulty in supervising a visit. Exceptions may be made to any local guideline when indicated by special circumstances, such as distance the visitor must travel, frequency of the inmate’s visits, or health problems of the inmate or visitor.

The Warden may establish a limit, consistent with available resources, on the number of visits an inmate may receive and/or the number of visiting hours (in excess of four) allotted to the inmate each month. Due to space limitations, limits on visiting may be necessary when an inmate has numerous regular visitors living in the vicinity of the institution.

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 8 Where facilities permit, the Warden may allow family groups to visit. The Warden may also authorize special visits to accommodate unique circumstances (e.g., a person traveling a long distance to visit, a person visiting a hospitalized inmate).

8. REGULAR VISITORS

§540.44. Regular visitors.

An inmate desiring to have regular visitors must submit a list of proposed visitors to the designated staff. See §540.45 for qualification as special visitor. Staff are to compile a visiting list for each inmate after suitable investigation in accordance with §540.51(b) of this part. The list may include:

§540.51(b) refers to Section 14.b. of this Program Statement.

a. Members of the Immediate Family. These persons include mother, father,

step-parents, foster parents, brothers and sisters, spouse, and children. These individuals are placed on the visiting list, absent strong circumstances that preclude visiting.

The word “spouse” includes a common-law relationship that has been previously established in a state that recognizes such a status. In states that do not, a common-law relationship is not considered “immediate family.” For determination of applicable state laws, the Regional Counsel should be consulted. Failure to obtain acknowledgment of parent or legal guardian may preclude the addition of children to the visiting list. When deemed appropriate, background checks may also be completed on immediate family members. For determination of applicable state laws, the Regional Counsel should be consulted.

b. Other Relatives. These persons include grandparents, uncles, aunts, in-laws,

and cousins. They may be placed on the approved list if the inmate wishes to have visits from them regularly and if there exists no reason to exclude them.

c. Friends and Associates. The visiting privilege ordinarily will be extended to

friends and associates having an established relationship with the inmate prior to confinement, unless such visits could reasonably create a threat to the security and good order of the institution. Exceptions to the prior relationship rule may be made, particularly for inmates without other visitors, when it is shown that the proposed visitor is reliable and poses no threat to the security or good order of the institution.

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 9 Regardless of the institution’s security level, the inmate must have known the proposed visitor(s) prior to incarceration. The Warden must approve any exception to this requirement.

See Section 14.b.(2) of this Program Statement regarding background investigations for proposed visitors.

Ordinarily, an inmate’s visiting list should not list more than 10 friends and associates. The Warden may make an exception to this provision when warranted.

Under 18 U.S.C. § 3582(d), which applies to offenses committed on or after November 1, 1987,

“The court, in imposing a sentence to a term of imprisonment upon a defendant convicted of a felony set forth in chapter 95 (racketeering) or 96 (racketeer influenced and corrupt organizations) of this title or in the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 801 et seq.), or at any time thereafter upon motion by the Director of the Bureau of Prisons or a United States attorney, may include as a part of the sentence an order that requires that the defendant not associate or communicate with a specified person, other than his attorney, upon a showing of probable cause to believe that association or communication with such person is for the purpose of enabling the defendant to control, manage, direct, finance, or otherwise participate in an illegal enterprise.”

Consultation with the Regional Counsel may be necessary to determine this provision’s applicability to a specific case(s).

d. Persons with Prior Criminal Convictions. The existence of a criminal

conviction alone does not preclude visits. Staff shall give consideration to the nature, extent, and recentness of convictions, as weighed against the security considerations of the institution. Specific approval of the Warden may be required before such visits take place.

Ordinarily, staff employees should obtain written authorization from the appropriate Federal or state probation/parole official prior to approving visitation privileges for an individual on probation, parole, or supervised release. A copy of this authorization will be maintained in section 2 of the Privacy Folder in the Inmate Central File.

See Section 14.b.(2) of this Program Statement regarding background investigations for proposed visitors.

e. Children Under Sixteen. Children under the age of 16 may not visit unless

accompanied by a responsible adult. Children shall be kept under supervision of

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 10 a responsible adult or a children’s program. Exceptions in unusual circumstances may be made by special approval of the Warden.

The signature of a parent or legal guardian on the Visitor Information form (BP-A0629) is necessary to process a request for an applicant under 18 years of age. Ordinarily, completing the questionnaire portion of this form (items 1 through 14) is not required if such an applicant is a verified immediate family member of the requesting inmate.

In unusual circumstances, the Warden, after consultation with Regional Counsel, may make exceptions to the requirement for acknowledgment by parent or legal guardian.

9. QUALIFICATION AS SPECIAL VISITOR

§540.45. Qualification as special visitor.

Persons in the categories listed in this section may qualify as special visitors rather than as regular visitors. Visits by special visitors ordinarily are for a specific purpose and ordinarily are not of a recurring nature. Except as specified, the conditions of visiting for special visitors are the same as for visitors.

a. Business Visitor. Except for pretrial inmates, an inmate is not permitted to

engage actively in a business or profession. An inmate who was engaged in a business or profession prior to commitment is expected to assign authority for the operation of such business or profession to a person in the community. Pretrial inmates may be allowed special visitors for the purpose of protecting the pretrial inmate’s business interests. In those instances where an inmate has turned over the operation of a business or profession to another person, there still may be an occasion where a decision must be made which will substantially affect the assets or prospects of the business. The Warden accordingly may permit a special business visit in such cases. The Warden may waive the requirement for the existence of an established relationship prior to confinement for visitors approved under this paragraph.

b. Consular Visitors. When it has been determined that an inmate is a citizen of a

foreign country, the Warden must permit the consular representative of that country to visit on matters of legitimate business. The Warden may not withhold this privilege even though the inmate is in disciplinary status. The requirement for the existence of an established relationship prior to confinement does not apply to consular visitors.

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c. Representatives of Community Groups. The Warden may approve visits on a

recurring basis to representatives from community groups (for example, civic, volunteer, or religious organizations) who are acting in their official capacity. These visits may be for the purpose of meeting with an individual inmate or with a group of inmates. The requirement for the existence of an established relationship prior to confinement for visitors does not apply to representatives of community groups.

d. Clergy, Former or Prospective Employers, Sponsors, and Parole Advisors.

Visitors in this category ordinarily provide assistance in release planning, counseling, and discussion of family problems. The requirement for the existence of an established relationship prior to confinement for visitors does not apply to visitors in this category.

The following processing procedures apply to ministers of record and clergy:

(1) Minister of Record. An inmate wanting to receive visits from his/her minister of record must submit a written request to the Chaplain. Upon approval, unit staff employees add the name and title (minister of record) to the inmate’s visitor list.

An inmate may only have one minister of record on his/her visiting list at a time. The addition of the minister of record will not count against the total number of authorized regular visitors an inmate is allowed to have on his/her visiting list, and will not count against the total number of social visits allowed.

(2) Clergy. Visits from clergy (other than the minister of record) will be in accordance with the general visitor procedures, and will count against the total number of regular visits allowed.

Ordinarily, clergy visits will not be accommodated unless requested by the inmate. However, the Chaplain may approve a visitation request initiated by the clergy if the inmate wishes to visit with the clergy.

Clergy/minister of record visits will be accommodated in the visiting room during regularly scheduled visiting hours and, to the extent practicable, in an area of the visiting room that provides a degree of separation from other visitors. If a private area is not available, the visit may be rescheduled.

The Warden may establish a limit to the number of minister of record and clergy visits an inmate receives each month, consistent with available resources. However, during times of personal or family emergencies, an inmate will be authorized a visit from his/her minister of record. Refer to

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 12 the Program Statement Religious Beliefs and Practices for additional information regarding minister of record and clergy.

10. ATTORNEY VISITS

§540.46. Attorney Visits.

Requirements for attorney visits are governed by the provisions on inmate legal activities (see §543.12 through 543.16 of this chapter). Provisions pertinent to attorney visits for pretrial inmates are contained in §551.117 of this chapter.

§543.12 through 543.16 refers to the Program Statement Inmate Legal Activities. §551.117 refers to the Program Statement Pretrial Inmates.

Staff Employees may not subject visits between an attorney and an inmate to auditory supervision. To the extent practicable, attorney visits, for both pretrial and sentenced inmates, are to take place in a private conference room. However, areas designated for attorney visits will be arranged so as to provide adequate unobstructed visual supervision.

Where such a room is not available, the attorney visit may occur in a regular visiting room, provided the inmate and the inmate’s attorney have a degree of separation from other visitors.

Alternative Legal Access Arrangements. To ensure inmates have access to legal counsel as soon as it is safely possible after a significant or disruptive event at a facility exceeds 24 hours, each facility will develop alternative legal access arrangements. These plans may include, but are not limited to, alternative visiting locations at the facility, expansion of normal visiting hours, and any additional procedures consistent with the mission and security of the facility. Restriction of legal access should occur only when necessary to protect the safety and security of employees, inmates, or the public.

Notification of Visiting Disruption. In instances where there is a significant or disruptive event affecting the conditions of confinement and, institution management decides to restrict legal and/or social visiting, employees must make all reasonable efforts to notify all known parties affected by the disruption. This includes, but is not limited to inmate families, defense counsel, local courts, and the public. For facilities housing pretrial inmates, such notice must also be made to the local Federal Public Defender Office(s), the local United States District Court(s), and the local United States Attorney’s Office(s). This information can be transmitted via telephone, email, or listed on the Institution’s webpage.

Occasionally, a situation may arise when a private area or conference room is not available, and the attorney does not wish to meet in a regular visiting room. When this occurs, the attorney may reschedule the visit. Refer to the Program Statement Inmate Legal Activities for additional

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 13 information on processing legal visits.

11. MEDIA VISITS

§540.47. Media visits.

Requirements for media visits are governed by the provisions on contact with news media (see subpart E of this part). A media representative who wishes to visit outside his or her official duties, however, must qualify as a regular visitor or, if applicable, a special visitor.

[Section §540.48 is removed and reserved.]

12. TRANSPORTATION ASSISTANCE

§540.49. Transportation assistance.

The Warden shall ensure that directions for transportation to and from the institution are provided for the approved visitor (see §540.51(b)(4)). Directions for transportation to and from the institution and pay phone service, with commercial transportation phone numbers posted, are also to be made available at the institution to assist visitors.

If pay phone service is not available, the visitor is to ensure transportation is arranged prior to the visit.

§540.51(b)(4) refers to Section 14.b.(4) of this Program Statement.

13. VISITS TO INMATES NOT IN REGULAR POPULATION STATUS

§540.50 Visits to inmates not in regular population status.

a. Admission and Holdover Status. The Warden may limit to the immediate

family of the inmate visits during the admission-orientation period or for holdovers where there is neither a visiting list from a transferring institution nor other verification of proposed visitors.

b. Hospital Patients

(1) When visitors request to see an inmate who is hospitalized in the institution, the Chief Medical Officer (or, in his absence, the Health Services Administrator),

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 14 in consultation with the Captain, shall determine whether a visit may occur, and if so, whether it may be held in the hospital.

When a visit is denied because the inmate is suffering from an infectious disease, is in a psychotic or emotional episode that makes a visit inadvisable, or is otherwise not in a condition to see visitors, the situation is to be carefully and sensitively explained to the approved visitor. Notification to the visitor will be addressed in the Institution Supplement. Documentation is maintained in section 2 of the Privacy Folder in the Inmate Central File.

Inmates with medical conditions will be reviewed by the Chief Medical Officer or, in his/her absence, the Health Services Administrator, in consultation with the Captain, to determine whether visiting will be permitted. Visiting procedures for inmates with medical conditions will be addressed in the Institution Supplement.

(2) Visits to inmates hospitalized in the community may be restricted to only the immediate family and are subject to the general visiting policy of that hospital.

c. Detention or Segregation Status. Ordinarily, an inmate retains visiting

privileges while in detention or segregation status. Visiting may be restricted or disallowed, however, when an inmate, while in detention or segregation status, is charged with, or has been found to have committed, a prohibited act having to do with visiting guidelines or has otherwise acted in a way that would reasonably indicate that he or she would be a threat to the orderliness or security of the visiting room.

Loss of an inmate’s visiting privileges for other reasons may not occur unless the inmate is provided a hearing before the Discipline Hearing Officer (DHO) in accordance with the provisions of §541.17 of this chapter, following those provisions which are appropriate to the circumstances, which results in a finding by the DHO that the inmate committed a prohibited act and that there is a lack of other appropriate sanctions or that imposition of an appropriate sanction previously has been ineffective.

The Unit Discipline Committee (UDC) may not impose a loss of visiting privileges for inmates in detention or segregation status. The provisions of this paragraph (c) do not interrupt or delay a loss of visiting sanction imposed by the UDC or DHO prior to the inmate’s placement in detention or segregation status.

§541.17 refers to the Program Statement Inmate Discipline Program.

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 15 Ordinarily, an inmate in administrative detention or disciplinary segregation status may receive visits in accordance with the same rules and regulations that apply to general population inmates, providing such visits do not pose a threat to the security or orderly operation of the institution. In such cases, the Warden may authorize special visiting procedures to preclude such a threat.

Refer to the Program Statement Inmate Discipline Program for information regarding loss of visiting privileges resulting from disciplinary action.

14. PROCEDURES

§540.51 Procedures.

a. Responsibility. The Warden of the institution shall establish and enforce local

visiting guidelines in accordance with the rules and regulations of the Bureau of Prisons.

Ordinarily, the Captain is responsible for the visiting room’s appearance/operation and the training of visiting room officers.

b. Preparation of the List of Visitors.

(1) Staff shall ask each inmate to submit during the admission-orientation process a list of proposed visitors. After appropriate investigation, staff shall compile a visiting list for each inmate and distribute that list to the inmate and the visiting room officer.

An inmate will be provided written material on the institution’s visiting procedures during the intake screening process. At a minimum, the information will include the following:

• Facility address/phone number, directions to the facility, and information about local transportation.
• Days and hours of visitation.
• Approved dress code.
• Identification requirements for visitors.
• Items authorized in the visiting room.
• All authorized items entering the visiting room must be carried in a clear plastic container.
• Special rules for children.
• Authorized items that visitors may bring to give to the inmate, if applicable.
• Special visit requirements.

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 16 The initial visiting list is prepared and distributed as soon as practicable after receiving the required information to process the visiting list. This list identifies immediate family members approved to visit the inmate. Additional family members and friends may be added following the completion of an appropriate investigation.

Visiting privileges for a minister of record must be submitted directly to the Chaplaincy Services Department for review and approval/denial.

Whenever a person is deleted from or added to an inmate’s visitor list, staff employees update the list as soon as possible to reflect the change. A copy of the most current approved visiting list will be placed in section 3 of the Inmate Central File.

Likewise, if an inmate elects not to have any visitors, he/she will be asked to sign a visiting list indicating no visitors are requested. This form is filed in section 3 of the Inmate Central File.

(2) Staff may request background information from potential visitors who are not members of the inmate’s immediate family, before placing them on the inmate’s approved visiting list. When little or no information is available on the inmate’s potential visitor, visiting may be denied, pending receipt and review of necessary information, including information which is available about the inmate and/or the inmate’s offense, including alleged offenses.

The Visitor Information form (BP-A0629) is used to request background information and obtain the visitor’s consent to release information. This form will be filed in section 2 of the Privacy Folder in the Inmate Central File.

Regardless of the institution’s security level, staff employees should obtain background information on potential visitors, to include Minister of Record. This is required in the Medium, High, and Administrative institutions due to their greater security needs. The Warden or designee may make an exception to this procedure when warranted.

Staff Employees in institutions housing pretrial offenders are strongly encouraged to complete a background check (NCIC) on potential visitors due to limited information received on these individuals. Background checks may also be completed on immediate family members.

If the background information reveals that visitation privileges for the individual would present security concerns or disrupt the orderly running of the institution, the Warden may deny visiting privileges. Documentation reflecting this decision should be maintained in section 2 of the Privacy Folder in the Inmate Central File.

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 17 Refer to the Program Statement Pretrial Inmates for additional information on visiting procedures for pretrial inmates.

(3) If a background investigation is necessary before approving a visitor, the inmate shall be held responsible for mailing a release authorization to the proposed visitor. That form must be signed and returned to staff by the proposed visitor prior to any further action regarding visiting. Upon receipt of the

authorization form, staff may then forward a questionnaire, along with the release authorization, to the appropriate law enforcement or crime information agency.

The inmate is to mail the BP-A0629 to his/her proposed visitor(s). The proposed visitor must complete this form and mail it directly to the unit staff member employee responsible for processing the inmate’s visiting list. Staff Employees should advise the inmate to provide his/her proposed visitor with the staff member’s employee’s name and address.

If necessary, staff employees will either send the Request for Conviction Information form (BP-A0311) to the appropriate law enforcement agency to gather additional background information or complete a background check using the (NCIC). Periodic background checks are to be conducted every two years by regenerating the background check and reviewing it for new criminal activity.

Visitor Information forms, Request for Conviction Information forms, and NCIC background information will be maintained in section 2 of the Privacy Folder of the Inmate Central File.

Ordinarily, when an inmate transfers from one institution to another, staff employees need not reapprove the visitors already contained on the inmate’s visiting list. However, staff employees should review the visiting list to ensure the approved visitors are still appropriate. When possible, the unit team should be consulted prior to approval of a visitor not on the inmate’s approved visiting.

When an inmate transfers from one institution to another, staff employees do not need to reapprove the visitors already contained on the inmate’s visiting list. However, staff employees will need to review the visiting list to ensure the approved visitors are still appropriate based on the institution’s security level and any local requirements identified by the Warden. Additionally, background checks greater than two years old are to be regenerated and reviewed for new criminal activity. When possible, the unit team should be consulted prior to approval of a visitor not on the inmate’s approved visiting list.

(4) Staff shall notify the inmate of each approval or disapproval of a requested

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 18 person for the visiting list. Upon approval of each visitor, staff shall provide the inmate with a copy of the visiting guidelines and with directions for transportation to and from the institution. The inmate is responsible for notifying the visitor of the approval or disapproval to visit and is expected to provide the approved visitor with a copy of the visiting guidelines and directions for transportation to and from the institution. The visiting guidelines shall include specific directions for reaching the institution and shall cite 18 U.S.C. 1791, which provides a penalty of imprisonment for not more than twenty years, a fine, or both for providing or attempting to provide to an inmate anything whatsoever without the knowledge and consent of the Warden.

Refer to the Program Statement Searching, Detaining, or Arresting Visitors to Bureau Grounds and Facilities for information regarding contraband warning signs.

(5) An inmate’s visiting list may be amended at any time in accordance with the procedures of this section.

c. Verification of Special Visitor Credentials. Staff must verify the qualifications

of special visitors. Staff may request background information and official assignment documentation from the potential visitor for this purpose.

d. Identification of Visitors. Staff shall verify the identity of each visitor (through

driver’s license, photo identification, etc.) prior to admission of the visitor to the institution.

Photo Identification must be a valid state or government-issued photo identification.

Visitors under the age of 16 who are accompanied by a parent or legal guardian are exempt from this provision.

e. Notification to Visitors. Staff shall make available to all visitors written

guidelines for visiting the institution. Staff shall have the visitor sign a statement acknowledging that the guidelines were provided and declaring that the visitor does not have any article in his/her possession which the visitor knows to be a threat to the security of the institution. Staff may deny the visiting privilege to a visitor who refuses to make such a declaration.

Visiting room staff employees are to make the institution’s written guidelines for visiting available to visitors. The Notification to Visitor form (BP-A0224) may be retrieved via the Sallyport Policy/Forms page.

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f. Searching Visitors. Staff may require a visitor to submit to a personal search,

including a search of any items of personal property, as a condition of allowing or continuing a visit.

Refer to the Program Statement Searching, Detaining, or Arresting Visitors to Bureau Grounds and Facilities for additional instructions on this subject.

g. Record of Visitors. The Warden shall maintain a record of visitors to each

inmate. The visitor’s signature may be required on that record and shall be required on at least one visiting log or record maintained by the institution.

h. Supervision of Visits. Staff shall supervise each inmate visit to prevent the

passage of contraband and to ensure the security and good order of the institution. The Warden may establish procedures to enable monitoring of the visiting area, including restrooms located within the visiting area. The Warden must provide notice to both visitors and inmates of the potential for monitoring the visiting area. The Warden may monitor a visitor restroom within the visiting area when there is reasonable suspicion that a visitor and/or an inmate is engaged, or attempting or about to engage, in criminal behavior or other prohibited behavior.

Visitor restrooms may be monitored physically only with the Warden’s written approval, and only after it is determined that there is a reasonable suspicion that the visitor or inmate is engaged, or attempting to engage, in a criminal activity or other prohibited behavior.

Physical monitoring should be conducted by a person of the same sex as the visitor using the restroom. Other restrooms may be inspected and monitored as needed for security purposes.

Refer to the Program Statement Searching, Detaining, or Arresting Visitors to Bureau Grounds and Facilities for further information regarding “reasonable suspicion.”

(1) The visiting room officer shall ensure that all visits are conducted in a quiet, orderly, and dignified manner. The visiting room officer may terminate visits that are not conducted in the appropriate manner. See 28 CFR §541.12, item 5, for description of an inmate’s responsibility during visits.

§541.12 refers to the Program Statement Inmate Discipline Program. When terminating a visit, visiting room officers should consult with the Lieutenant or Institution Duty Officer.

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 20 (2) Staff shall permit limited physical contact, such as handshaking, embracing, and kissing, between an inmate and a visitor, unless there is clear and convincing evidence that such contact would jeopardize the safety or security of the institution. Where contact visiting is provided, handshaking, embracing, and kissing are ordinarily permitted within the bounds of good taste and only at the beginning and at the end of the visit. The staff may limit physical contact to minimize opportunity for the introduction of contraband and to maintain the orderly operation of the visiting area.

An inmate who has been approved for, and is awaiting placement in the ADX-Florence Control Unit, may be limited to non-contact visits.

(3) The visiting room officer may not accept articles or gifts of any kind for an inmate, except packages which have had prior approval by the Warden or a designated staff member.

All authorized items entering the visiting room must be carried in a clear plastic container/bag.

An inmate’s visitor may not leave money with any staff member employee for deposit in the inmate’s commissary account. Refer to the Program Statement Trust Fund/Deposit Fund Manual for additional information on accepting packages.

(4) The visiting room officer shall be aware of any articles passed between the inmate and the visitor. If there is any reasonable basis to believe that any item is being passed which constitutes contraband or is otherwise in violation of the law or Bureau regulations, the visiting room officer may examine the item.

An Associate Warden, the Institution Duty Officer, or the Captain will be notified in such cases.

15. PENALTY FOR VIOLATION OF VISITING REGULATIONS

§540.52 Penalty for violation of visiting regulations.

Any act or effort to violate the visiting guidelines of an institution may result in disciplinary action against the inmate, which may include the denial of future visits, possibly over an extended period of time. Moreover, criminal prosecution may be initiated against the visitor, the inmate, or both, in the case of criminal violations.

In an effort to eliminate the introduction of drugs and drug paraphernalia into Bureau

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 21 institutions, the Bureau will seek criminal prosecution against visitors who participate in contraband violations. Additionally, as a disincentive for inmates found guilty of these violations, the Discipline Hearing Officer (DHO) or Unit Discipline Committee (UDC) may impose the loss of visiting privileges as a sanction.

Refer to the Program Statement Inmate Discipline Program for information regarding loss of visiting privileges resulting from disciplinary action.

16. WALSH ACT REQUIREMENTS

The Unit Team will evaluate all inmates on their caseload and all incoming inmates to determine if they have an inmate who has been convicted of a sex offense involving a minor (WA W CONV).

Any inmate fitting this criterion will have the following annotation placed in the visiting program under the comments section: “this inmate was convicted of a sex offense involving a minor.”

Any inmate identified as having a Walsh Act assignment involving a minor will have his/her visits closely monitored. Specific procedures will be determined locally by the Warden.

17. VISITING REGULATIONS REGARDING PETS

Visitors are precluded from bringing animals on to institutional grounds, except for animals that assist persons with disabilities. The visitor must provide staff employees with certification that the animal is trained for that purpose.

18. AGENCY ACA ACCREDITATION PROVISIONS

• Performance-Based Standards and Expected Practices for Adult Correctional Institutions, 5th Edition: 5-ACI-2E-03, 5-ACI-4A-21, 5-ACI-5A-01, 5-ACI-7D-14, 5-ACI-7D-15, 5-

ACI-7D-16, 5-ACI-7D-17, 5-ACI-7D-19, 5-ACI-7D-21, 5-ACI-7D-22.

• Performance-Based Standards for Adult Local Detention Facilities, 4th Edition: 4-ALDF- 2A-61, 4-ALDF-5B-01, 4-ALDF-5B-02, 4-ALDF-5B-03, 4-ALDF-5B-04, 4-ALDF-7E- 05.

REFERENCES

Program Statements P1280.11 JUST, NCIC, and NLETS Telecommunication Systems (Management and Use) (1/7/00)

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 22

P5100.08 Inmate Security Designation and Custody Classification (9/12/06) P5180.06 Central Inmate Monitoring System Operations Manual (3/24/08)

P5510.15 Searching, Detaining, or Arresting Visitors to Bureau Grounds and Facilities (7/7/13)

P5521.05 Searches of Housing Units, Inmates and Inmate Work Areas (6/30/97)

BOP Forms BP-A0224 Notification to Visitor BP-A0311 Request for Conviction Information BP-A0629 Visitor Information Form

Records Retention Requirements and retention guidance for records and information applicable to this program are available in the Records and Information Disposition Schedule (RIDS) on Sallyport.

Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026