Sec. 12.02.16.08. Suspension of a Visitor's Visiting Privilege

A. A warden may suspend a person from visiting an inmate for a designated or indefinite period of time when there is clear and convincing evidence that a visit would jeopardize the safety or security of the institution.

B. The Commissioner shall ensure that each warden bases suspension of visiting privileges on:

(1) A review of the information provided in the supervisor's report of the incident; and

(2) Information provided by staff, the inmate, and the visitor.

C. The Commissioner shall ensure that a warden sends a written notice of a decision to suspend visiting privileges for a specified or indefinite period of time to the following:

(1) Inmate;

(2) Inmate base file;

(3) Visitor; and

(4) Assistant commissioner for field services.

D. The Commissioner may authorize each warden to omit justification for the suspension or termination of a visit from the written notice when the security of an institution or the safety of an individual would be affected.

E. A notice of suspension or termination of visiting privilege shall include:

(1) A statement of the reasons for the suspension;

(2) The length of the suspension or termination; and

(3) A statement advising the visitor that the visitor may appear before the warden for a hearing regarding the suspension or termination of visiting privileges.

F. The Commissioner shall ensure that a warden:

(1) Writes a report of a hearing held regarding suspension or termination of a visitor's visiting privileges; and

(2) Sends a copy of the report to the assistant commissioner for field services.

G. The Commissioner shall ensure that a warden attaches the letter of notification to the inmate visiting card when a visitor's visiting privilege is suspended.

H. The visitor may request a warden to reinstate a suspended or terminated visiting privilege upon the inmate's transfer to another maintaining institution.