5267.06 - Visiting Regulations (5/17/99)
Members of the Immediate Family. (DEFINED)
WWW.FEDCURE.ORG, is providing you the following
information In response to your inquiry concerning the emergency
visiting restrictions being implemented by the Bureau of Prisons
(BOP) in reaction to the national security "Orange Alert."
We are providing an excerpt below of BOP Program Statement NO:
Visiting Regulations (5/17/99) via: http://www.bop.gov/.
For full text, please use the links provided above.
Note: From time to time, the BOP issues "Change Notices"
concerning previously issued Program Statements; and the wardens
at each institution are required to issue "Institutional
Supplements" regarding the local implementation of most BOP
Program Statements. Please check with the institution of
your concern for same.
Visiting Regulations (5/17/99)
§540.51(b) refers to Section 19.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 which preclude visiting.]
The word "spouse" includes a common-law relationship
which has previously been established in a state which recognizes
such a status. In states which do not, a common-law relationship
is not considered "immediate family." For determination
of applicable state laws, Regional Counsel should be consulted.
Failure to obtain acknowledgment of parent or legal guardian may
preclude the addition of children to the visiting list. See Section
19.b. of this Program Statement.
[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
(1) For Minimum and Low Security Level Institutions. The visiting
privilege shall ordinarily be extended to friends and other non-relatives,
unless visits could reasonably create a threat to the security
and good order of the institution;
(2) For Medium and High Security Level Institutions and
Administrative Institutions. The visiting privilege shall
ordinarily be extended to friends and associates having an established
relationship 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.]
See Section 19.b.(2) of this Program Statement regarding background
investigations for proposed visitors.
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."
The Regional Counsel may be consulted to determine the applicability
of this provision to a specific situation.
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.