Visiting Room
Termination, Suspension and Revocation

A. Termination of a Visit

A visit may be terminated at the discretion of the Superintendent or his designee.

TERMINATION FOR OBJECTIONABLE BEHAVIOR

Objectionable behavior may consist of loud, abusive or boisterous actions, disruptive or argumentative behavior, or sexual activities which constitute unacceptable physical contact (see Appendix A).

Facility staff supervising visiting areas shall be advised that they may give inmates and visitors instructions on proper behavior and admonitions if they observe behavior without giving out an 'official' warning.

Before termination of a visit, a verbal warning must be issued by the visiting room officer to the visitor and the inmate that the objectionable behavior is prohibited and that failure to cease such behavior will result in termination of the visit. Such warning will be noted on the visitor's card.

TERMINATION FOR MISCONDUCT

A visit will be terminated immediately if any of the following misconduct takes place:

• Visitor or inmate becomes apparently under the influence of alcohol or drugs during a visit;
• Unapproved parties continue to cross-visit after a warning is given by facility staff;
• A visitor or inmate refuses to follow instructions given by facility staff or facility rules;
• Visitor or inmate attempts to introduce or pass contraband to the other as defined in Entrance Rules and Procedures; or
• Assault on facility staff, inmate or other visitors.

If a visit is terminated, the visiting room officer will advise the visitor and inmate that visiting privileges may be suspended or revoked for such misconduct.

B. Suspension of Contact Visiting

Contact visiting privileges may be suspended, limited, or revoked for either a visitor (pursuant to 7 NYCRR Part 200, and the following subsections listed below (Visitor Suspension or Revocation for a Period Less than Six (6) Months, or Visitor Suspension or Revocation for a Period of Six (6) Months or more, or an inmate (pursuant to 7 NYCRR Chapter V, Subchapter A, and the following subsection listed below (Inmate Suspension/Revocation - Superintendent's Proceeding).

GROUNDS
Contact visiting rights may be suspended by the Superintendent for a violation of visiting rules and regulations which represents a threat to the safety, security, and good order for the facility. However, grounds for the suspension of contact visiting rights shall be limited to the following:

• The passing or attempted passing of contraband between an inmate and a visitor; or
• Socially unacceptable physical contact between an inmate and visitor (including sexual activities or assaultive behavior).

Note: The Department's policy on acceptable physical contact is set forth in Visiting Room Protocol and Rules.

CRITERIA
When considering whether or not the contact visiting privileges of a visitor will be suspended, the Superintendent must consider the following criteria: length of inmate's unserved sentence, visitor's relationship to the inmate, whether the violation appeared to be intentional or unintentional, whether allowing non-contact visiting would have a rehabilitative effect on the inmate, and whether there is a past history of visiting room violations involving the same visitor or inmate.

NON-CONTACT VISITATION
Non-contact visiting will be permitted during the suspension of contact visitation rights in the area of the facility designated for that purpose.

A Superintendent may limit, suspend or revoke a visitor's visitation rights, including contact visitation rights, for any period less than six (6) months for a violation of visiting rules and regulations which represents a threat to the safety, security, and good order of the facility pursuant to the procedures set forth below.

The lengths of time for which visiting may be suspended or revoked for various types of misconduct are set forth in Appendix A. Time penalties increase with repeated incidents of misconduct. (See "Cumulative Penalties" in Appendix A).

Those procedures provide (1) written notice to both inmate and visitor when visiting privileges have been revoked or suspended, and (2) opportunity for the visitor and/or inmate to address a written appeal to the Commissioner.

NOTICE
Upon suspension or revocation, the Superintendent shall notify the visitor in writing of his/her action. A copy of such notice and related documents must also be sent to the inmate.

The notice shall contain:

• the reason for the suspension or revocation;
• the duration of the suspension or revocation; and
• copies of all charges and reports of misconduct relating to the charges.

The visitor and the inmate shall also be notified of their right to appeal the decision of the Superintendent within twenty (20) days of receipt of the notice following the procedure set forth in the Appeal Section directly below.

APPEAL
An appeal may be taken by the visitor and/or inmate.

Such an appeal shall be addressed to the Commission and shall be in writing. The visitor or inmate may submit any written material he/she wishes to be considered.

The Commissioner or his designee shall render a written decision within twenty (20) days of receipt of the appeal as follows:

• the decision shall affirm, reverse, or modify the determination of the local facility;
• an affirmance shall be supported by a preponderance of the evidence; and
• the decision shall contain a statement of the evidence relied upon and a statement of the reasons therefore.

D. Visitor Suspension or Revocation for a Period of Six (6) Months or More

A superintendent may suspend or revoke a visitor's visitation privileges for a period of six (6) months or more for misconduct which represents a serious threat to the safety, security, and good order of the facility pursuant to the procedures set forth below.

The lengths of time for which visiting may be suspended or revoked for various types of misconduct are set forth in Appendix A. Time penalties increase with repeated incidents of misconduct (see 'Cumulation of Penalties' in Appendix A).

These procedures provide (1) written notice to both visitor and inmate when visiting privileges have been revoked or suspended, and (2) opportunity for the visitor alone to initiate an appeal by requesting a hearing, or, alternatively, for the visitor and/or inmate to address a written appeal to the Commissioner.

NOTICE
Upon such suspension or revocation, the Superintendent shall notify the visitor in writing of his/her action. A copy of the notice and related documents shall also be sent to the inmate.

The notice shall contain:

• the reason for the suspension or revocation
• the duration of such suspension or revocation; and
• copies of all charges and reports of misconduct relating to the charges.

The visitor shall also be notified of his/her right to initiate an appeal by requesting a hearing within thirty (30) days of receipt of the notice following the procedures set forth below in Appeal Based on Hearing. In addition, the visitor and the inmate shall be notified of the alternative right to address a written appeal to the Commissioner.

APPEAL BASED ON WRITTEN SUBMISSION
Either the visitor or the inmate may address a written appeal of the Superintendent's decision to the Commissioner as outlined in the Appeals section directly above.

APPEAL BASED ON HEARING
Only a visitor may request a hearing. If a hearing is requested, the Commissioner shall appoint an impartial hearing officer from outside the facility to conduct the hearing.

Formal Charge - The formal charge shall consist of the Superintendent's notice to the visitor.

Counsel - Only the visitor may be represented by counsel.

Witnesses - The visitor may call witnesses on his/her behalf provided they are material, their testimony is not redundant, and so doing does not jeopardize facility safety, security, the good order for the facility, or correctional goals.

If permission to call a witness is denied, the hearing officer shall provide a written statement of the reasons for such denial, including the threat to the facility safety, security, the good order of the facility, or correctional goals or why the proffered testimony was immaterial or redundant.

a) Any witness shall be allowed to testify at the hearing in the presence of the visitor unless the hearing officer determines that so doing will jeopardize facility safety, security, the good order for the facility, or correctional goals.

b) Where a visitor is not permitted to have a witness present, such witness shall be interviewed out of the visitor's presence and such interview recorded.

c) The witness's statement is to be made available to the visitor at the hearing unless the hearing officer determines that so doing would jeopardize facility safety, security, the good order for the facility, or correctional goals.

d) If the witness's statement is not to be made available, the hearing officer shall provide a written statement setting forth the reasons for such denial, including the threat to facility safety, security, the good order for the facility, or correctional goals.

A visitor may request witnesses by notifying the Hearing Officer no later than five (5) days prior to the hearing.

A visitor may cross-examine adverse witnesses unless the hearing officer determines that so doing will jeopardize facility safety, security, the good order for the facility, or correctional goals.

If permission to cross-examine is denied, the hearing officer shall provide a written statement stating the reasons for such denial, including the threat to facility safety, security, the good order of the facility, or correctional goals.

Attendance at Hearing - The visitor shall be present at the hearing unless he/she refuses to attend. The inmate shall be present at the hearing if he/she is to be a witness unless the hearing officer determines doing so will jeopardize facility safety, security, the good order of the facility, or correctional goals.

If the inmate is denied permission to attend the hearing, the hearing officer shall provide a written statement setting forth the reasons for such denial, including the threat to facility safety, security, the good order for the facility, or correctional goals.

If an inmate id denied permission to attend the hearing as a witness, he/she shall be interviewed. The interview shall be recorded and made available to the visitor at the hearing unless the hearing officer determines that so doing would jeopardize facility safety, security, the good order of the facility, or correctional goals.

In such instance, the hearing officer shall provide a written statement setting forth the reasons for such denial, including the threat to facility safety, security, the good order of the facility, or correctional goals presented.

Recording - The hearing shall be electronically recorded.

Evidentiary Standard - The decision of the Superintendent shall be affirmed upon a finding supported by a preponderance of the evidence. The hearing officer shall set forth his decision in writing, stating the reasons therefor and the evidence relied upon. Such decision shall be effective twenty (20) days after issuance unless appealed by any party. The decision shall also notify the visitor and inmate of appeal procedures.

Appeal of Hearing Officer's Decision - The decision of the hearing officer may be appealed to the Commissioner by either the inmate or the visitor. Such appeal must be taken with twenty (20) days of the date the decision was issued and must be in writing.

The Commissioner shall issue a written decision within twenty (20) days of the filing of an appeal.

Such decision must contain a statement of the reasons for the affirmance, modification, or reversal of the hearing officer.

E. Inmate Suspension/Revocation - Superintendent's Proceeding

1. An inmate's rights to visit an approved visitor may be suspended or revoked because of visit-related misconduct after a Superintendent's Proceeding pursuant to 7 NYCRR Chapter V, Subchapter A.

2. The inmate may appeal such a suspension or revocation disposition by writing to the Commissioner following the procedures set forth above in Visitor Suspension or Revocation for a Period Less Than Six (6) Months. All other aspects of the disciplinary disposition must be appealed under the appeal procedures as set forth in 7 NYCRR Chapter V, Subchapter A.

F. Reconsideration of Revocation

In the event a visitor or inmate's visiting rights have been revoked pursuant to the procedures herein, such person may request a reconsideration of the revocation at any time after it has been in effect for one (1) year and on an annual basis thereafter.

1. The Superintendent shall evaluate such a request to determine if any factors exist which warrant a modification so as to permit visitation to resume at a specified time in the future. The criteria to be considered to be considered shall include but not be limited to:

• the inmate's institutional record;
• showing of special circumstances (e.g., age of visitor or inmate, serious illness, etc.);
• length of inmate's unserved sentence; and
• past history of violations.

The Superintendent shall advise the inmate and visitor of the results of his review by written decision, including the reasons therefor.

G. Visiting Records

1. A record must be kept on the visitor's card of all penalties imposed, including warnings and terminations of visits. In the event future misbehavior occurs, some record is necessary in order to apply the 'penalty chart' (Appendix A) properly.

After one (1) year has elapsed since the imposition of a penalty, the visitor or inmate may apply to the Superintendent to have the penalty removed from the record.

• When considering whether or not to remove the penalty from the record, the Superintendent or his designee must consider the following criteria: seriousness of the offense, length of inmate's unserved sentence, relationship of the visitor to the inmate, past history of visiting rules violations involving the same inmate or visitor, and the inmate's institutional record.
  
  
• The decision of the superintendent shall contain a statement of evidence relied upon and a statement of the reason for the decision.

The decision of the Superintendent shall contain a statement of the evidence relied upon and a statement of the reason for the decision.

2. In addition to the recording of any penalties, warnings and terminations of visits for visit-related behavior or misconduct, notations shall be made on an inmate's visiting records whenever the inmate has been found guilty under 7 NYCRR Chapter V of drug related misbehavior or possession of contraband.

These notations shall alert staff to take appropriate measures to prevent smuggling of drugs, drug paraphernalia, or other contraband during visits.

3. Notations of these visiting records, as well as names of other visitors on an inmate's visiting card, shall not be disclosed to any visitor. When a visitor is required to sign the card or visiting record, the visitor should not be able to read the contents of the card. An overlay may be used to cover all but the signature block.

4. If disciplinary charges against an inmate, or charges of visit-related misconduct against a visitor or inmate have been dismissed or reversed, all references to the alleged misconduct must be expunged from the Inmate's visiting cards.