ADMINISTRATIVE
REGULATION
Department of
Correctional Services
State of Nebraska
NUMBER
205.02
VISITING
This Administrative Regulation is to be made available in law libraries
or other inmate resource centers.
EFFECTIVE:
REVISED:
REVISED:
REVISED:
REVISED:
REVISED:
REVISED:
REVISED:
REVISED:
REVISED:
REVISED:
June 14, 1993
July 29, 2005
August 7, 2006
June 1, 2007
July 15, 2008
July 26, 2009
July 28, 2010
July 27, 2011
August 13, 2012
August 2, 2013
October 11, 2014
SUMMARY of REVISION/REVIEW
Pg. 5 of 10 Para 4. Criminal Record- restructured and lettered,
Replaced Segregation with restrictive housing.
Added Other line on Attachment E.
APPROVED:
MICHAEL
EY, Director
ment of Correctional Services
Page
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ADMINISTRATIVE
REGULATION
NUMBER
205.02
Department of
Correctional Services
State of Nebraska
Page
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VISITING
PURPOSE
Regulations governing inmate visiting are necessary in order to attain the Nebraska Department of
Correctional Services’ (NDCS) objectives to increase opportunities for inmate self-development and
to maintain a safe, secure and humane environment for inmates, staff and the public.
GENERAL
Consistent with its function and the nature of its inmate population and programs, each institution
shall develop its own version of this regulation within the limits and guidelines which follow.
PROCEDURES
I.
Written information regarding procedures governing visitation will be made available to
inmates within 24 hours of their arrival at the facility. At a minimum, the information will
include, but not be limited to, the following:
A.
Facility address/phone number, directions to the facility and information about local
transportation
B.
Days and hours of visitation
C.
Approved dress code and identification requirements for visitors
D.
Items authorized in visiting room
E.
Special rules for children
F.
Authorized items that visitors may bring
G.
Special Visits
.
II.
AVAILABILITY OF RULE BOOK
NDCS Rules and Regulations Rule Book Chapter 4 which contains visiting rules and
procedures shall be given to each inmate and staff member. Chapter 4 shall be
translated into those languages spoken by significant numbers of inmates. Signed
acknowledgement of receipt of the rulebook shall be maintained in the inmate’s file.
When a literacy or language problem prevents an inmate from understanding the
rulebook, a staff member or translator shall assist the inmate in understanding the
rules.
III.
ADDITIONAL VISITING REGULATIONS
A.
Visit Applications
Visitors will not be permitted to visit prior to submittal of the authorized visiting forms
and approval by the Warden/designee. False or incomplete information on this form
will result in a denial of visiting privileges.
B.
Limitations
1.
Number/Space
ADMINISTRATIVE
REGULATION
Department of
Correctional Services
State of Nebraska
NUMBER
205.02
Page
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VISITING
Institutional policy and procedure will provide that the number of visitors an
inmate may receive and the length of visits may be limited only by the
institution’s schedule, space and personnel constraints, or when there are
substantial reasons to justify such limitations.
There is no limit to the number of visitors an inmate may have on his/her
authorized visiting list, however all visitors must be approved by the
Warden/designee for visiting. Specific visiting policies limiting visitation are
as follows:
2.
a.
Visitors will not be authorized to be on the visiting list of more than
one inmate housed within the NDCS. The only exception to this
policy is that an “immediate family” member may be granted
permission to be placed on more than one inmate’s visiting list if one
person involved is a member of the inmate’s immediate family.
b.
No more than four adults may visit an inmate during any one visiting
period.
c.
Visitors who leave the institution will not be permitted to resume their
visiting privilege for that session.
d.
Special visiting restrictions may be imposed by the facility due to
scheduling, space and personnel constraints.
e.
For the purpose of visiting, immediate family shall be defined as:
spouse, parent, step-parent, person acting in place of parent (as
documented in the master record), sibling, step-brother, step-sister,
half-brother, half-sister, child, step-child, grandparent and grandchild.
Physical Contact
Facilities shall permit informal communications, including opportunity for
limited physical contact. Devices that preclude physical contact shall not be
used except in instances of substantial security risk.
3.
Age Requirements
Persons 19 years of age and above – (1) must complete and submit an
individual Visitation Request Form (VRF) (Attachment A) to the
Warden/designee; (2) may visit without parent or guardian.
Persons 18 and under
a.
must each have a completed VRF submitted to Warden/designee:
b.
must be accompanied on visit by parent, legal guardian or court
appointed agent or other authorized adult (age 19 or above);
c.
must submit notarized permission letter from parent, guardian or
court appointed agent to visit in company with another authorized
adult;
ADMINISTRATIVE
REGULATION
Department of
Correctional Services
State of Nebraska
NUMBER
205.02
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VISITING
d.
parent, legal guardian, court appointed agent or another authorized
adult who accompanies said minor must also be on the inmate’s
approved visiting list. (Except those individuals who are authorized
as a part of their employment to accompany minors on visits are not
required to be on a particular inmate’s visiting list. Such individuals
are required to submit a VRF.)
e.
Minors age 18 and under must have a birth certificate to present to
the Visiting Staff during their first visit.
f.
All minors age 16 and older must also present a picture ID to the
Visiting Staff on all visits.
Minors who are married do not need parental or legal guardian consent to
visit their spouse, but must be approved visitors via the VRF process. They
also will be required to present a copy of their marriage license along with the
VRF.
4.
Criminal Records
Persons with criminal records are not automatically excluded from visiting. In
determining whether or not to approve a person with a criminal record, the
nature and extent of that person’s total criminal record, plus his/her history of
recent criminal activity is weighed carefully against the benefits of visitation.
The Warden /designee shall retain final authority to review, assess and
approve/disapprove applications to visit. Appeals of denials to visit must be
submitted in writing to the Warden.
Note: Failure to list previous criminal convictions on the VRF can result in
denial of visiting privileges.
a.
Generally, parolees, probationers or persons having pending
charges will not be granted permission to visit during service of
sentence and ex-felons will not be granted permission to visit for
three years after expiration of sentence, except for immediate family
who may be considered at the end of one year. Ex-misdemeanants
will not be granted permission to visit for six months after expiration
of sentence. Immediate family may be considered after three
months.
b.
Exception may be made for a spouse/immediate family member who
may be allowed to visit once a month by special approval from the
Warden. It will be the responsibility of the spouse/immediate family
member seeking visiting privileges while on probation/parole to
provide, with the VRF, a letter from the supervising probation/parole
officer recommending either approval or denial of visiting privileges.
c.
Immediate family members having pending misdemeanor/felony
charges may be considered for monthly special visits pending
resolution of the charges.
d.
Following the release of an inmate on parole, or when an inmate is
placed on escape status, or bond the institution’s records office will
ADMINISTRATIVE
REGULATION
NUMBER
Department of
Correctional Services
State of Nebraska
205.02
Page
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VISITING
stamp all current visitor application forms in the classification file
“Deleted”. The records office will also delete these previously
approved visitor names from any computer records of approved
visitors for this inmate.
5.
IV.
e.
An NCIC (National Crime Information Center) computer check to
verify visitor identity and to ensure the accuracy of VRF information
will be done on all visit applicants submitting a VRF (both adults and
minors from age 8 and up).
f.
The Warden/designee must review and approve/disapprove all
Visitor Request Forms (VRF) submitted by the victim of a violent
offense, when that offense is committed by the inmate being visited if
such information is known to facility staff. Generally, the victim of a
violent offense will not be granted permission to visit. Exceptions
may be made with a spouse/adult immediate family member, who
may be allowed to visit once a month by special approval from the
Warden.
Employees/Prior Employees
a.
Generally, ex-employees will not be granted permission to visit
except with immediate family members.
This requires
Warden/designee approval.
b.
Generally, departmental employees will not be approved to visit.
Employees must make a written request to the Warden of the facility
where the inmate is incarcerated to be considered, as well as to the
Warden of the facility where the employee is assigned.
TYPES OF SPECIAL VISITS
All visitors must be authorized by the facility’s Warden /designee.
A.
Special, Extended and Emergency Visits
This visiting process is to accommodate immediate family members on the inmate’s
approved visiting list who visit infrequently (less than one visit per month) because of
long distance (more than 200 miles from the facility) or due to limitations imposed
upon the facility due to space or staffing restrictions. Non-family members may be
approved at the discretion of the Warden. Special/extended/emergency visits
(Attachment B) may also be granted for reasons of hospitalization or for inmates in
restrictive housing status when the security or the good order of the
facility/community is not jeopardized. Persons not on an inmate’s approved visiting
list, but who may be considered for special visiting privileges include prospective
employers, attorneys, members of the clergy, and social service representatives.
These people may be able to offer valuable assistance to inmates and, therefore
shall be allowed to visit with the approval of the Warden or his/her designee.
B.
Community custody inmates may be authorized to visit immediate family members
incarcerated in other NDCS facilities once every 3 months.
C.
Restrictive Housing Visits
ADMINISTRATIVE
REGULATION
Department of
Correctional Services
State of Nebraska
NUMBER
205.02
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VISITING
There are two types of restrictive housing classifications which affect visitation
policies:
D.
1.
Administrative restrictive housing occurs when an inmate needs to be
segregated but no disciplinary sanctions have been imposed. Generally,
inmates in this classification shall have similar visiting privileges as those
afforded to the general population. However, visits may be denied for
reasons of security or for the good order of the facility.
2.
Disciplinary restrictive housing, which occurs when an inmate loses some
privileges as a result of disciplinary action. Inmates in this status may be
denied visits for reasons of security or for the good order of the facility. If
granted, visits may be for a duration of two hours. Longer visits may be
authorized, depending upon a review of the circumstances and approval by
the Warden
/designee.
Inmates who Have Committed Crimes in Which Victim(s) were Minor Aged Children
(Under 19 Years of Age)
1.
The file of each inmate shall be reviewed to determine if any record exists
meeting the above criteria. Newly committed inmate files shall be reviewed
by receiving facility staff at the facility in which the inmate is housed. If such
a record exists, the person reviewing the record will list out the information
on the Inmate Summary of Crimes Against Minors form (Attachment D).
2.
Once the inmate has been identified, the NiCams for “prior contact with
minor” will be updated. This entry will automatically update the NiCams
classification study and the visitor’s list databases. In addition, the records
office will have a red-inked stamp titled “contact with minor” and will stamp
the front cover of the inmate file.
3.
The Warden shall have the authority to impose visiting restrictions on
identified inmates on a case-by-case basis. The Warden will indicate
restrictions on the Crimes Against Minor-Aged Victims form (Attachment E).
Designated staff will ensure the inmate signs and receives a copy of the
form. If the no physical contact with minor age children restriction is
imposed, additional actions may include restricting these inmates to visiting
children/youth at designated times and/or designated authorized areas,
excluding visitors under the age of nineteen from the inmate’s approved
visiting list, and/or suspension of all visiting privileges until the inmate has
received treatment intervention. The visits shall be closely monitored by
visiting room staff. Any violation of this policy will result in immediate
termination of the visit, removal of the inmate and the visitor from the visiting
area, and the issuance of a misconduct report. Penalties imposed against
inmates will be consistent with agency disciplinary procedures. Actions
imposed on visitors will be handled administratively by the Warden. Factors
considered in making the above determination may include, but are not
limited to, the following considerations:
a.
Length of time since last child-related offense occurred.
b.
Seriousness of prior offense(s).
ADMINISTRATIVE
REGULATION
NUMBER
205.02
Department of
Correctional Services
State of Nebraska
E.
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VISITING
c.
Number of prior offense(s).
d.
Mental health status of minor child and/or inmate.
e.
Age of requested visitor and relationship to inmate.
f.
Inmate history of violence.
4.
Identified inmates will receive written notice (use “Inmate Summary of
Crimes Against Minors” form) of their visiting status relating to minor
children and the guidelines for visits involving minors.
5.
Wardens have the authority to modify or eliminate visiting restrictions
imposed as provided in this section. Such modification or elimination shall
be in consultation with appropriate mental health, program and custody
staff.
Inmate to Inmate Visits
Inmate to inmate visits may occur when the following criteria are met:
1.
One inmate must be on community custody status.
2.
The visit request will be initiated by the community custody inmate.
3.
The inmates must be immediate family as defined by current departmental
guidelines. (See III.B.1.e above)
4.
The visit must be approved by each Warden /designee.
5.
The visit will generally occur during regular visiting hours.
6.
The community custody inmate must produce his/her inmate I.D. prior to
being allowed to visit at a secure facility
7.
The community custody inmate will be strip searched upon arrival and upon
leaving the secure facility.
8.
Visits may be approved once every three months.
9.
If the facilities are in the same city, the visit may be done on pass; if the
facilities are in different cities, the visit may be done on furlough.
10.
If the visit occurs during a furlough, it will be considered an outside family
activity.
11.
An approved volunteer sponsor will provide transportation.
12.
The approved volunteer sponsor may also participate in the visit if the
sponsor is on the visiting list of the inmate to be visited.
13.
If the approved volunteer sponsor is not on the visiting list, he/she will be
required to stay at the facility during the visit.
ADMINISTRATIVE
REGULATION
Department of
Correctional Services
State of Nebraska
F.
NUMBER
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VISITING
Holidays
Inmates will be allowed visits on Thanksgiving Day, Christmas Day and New Years
Day, regardless of the days upon which the holiday falls. All other holidays will be
treated as any other day relative to whether or not visits are allowed. If these other
holidays fall on regular visit days, then visits will be allowed, but if they are on nonvisit days, then no visits will be allowed.
V.
VISITOR DELETIONS
Any inmate may request that one or more persons listed on his/her approved visiting list be
deleted from that list by completing a Deletion Request Form. (Attachment C) The deleted
visitors’ name(s) will not be placed on another inmate’s approved visiting list for six months.
The deleted visitor’s name(s) also will not be reinstated on an inmate’s visiting list for six
months (if the visitor’s name was previously removed at that inmate’s direction).
A visitor may request deletion by submitting the request in writing to the Warden. Such visitor
requested deletions require the visitor to wait six months before he/she may be placed on
another inmate’s list. The six-month waiting period will also apply to clergy status visitors,
however, the Warden may waive the six month waiting period at the recommendation of the
religious coordinator. In the event that the individual requesting deletion has not visited for a
period of at least six months, the Warden may waive the six month waiting period to be
added to another inmate’s visiting list.
VI.
VISITOR RESPONSIBILITY, CONDUCT AND BEHAVIOR
Each visitor must verify his/her identity. Visitors must register upon entry into the institution
and may be subject to a search of persons and belongings as specified by written procedure
prior to entrance. It is the responsibility of the visitor and the inmate to conduct themselves
in a manner that will not bring discredit upon them or be disruptive to other visitors in the
area.
A.
Supervision of Children
It is the responsibility of the visitor to supervise and maintain control over
accompanying children. Neither visitors nor inmates are permitted to use corporal
punishment on children or others when on NDCS property. If a child becomes
disruptive during a visit and is not controlled by verbal direction from the supervising
visitor or the inmate, the visit may be terminated.
B.
Posted Rules/ Staff Instructions
Visitors and inmates must obey staff instructions and posted rules and regulations.
Canine searches of visitors may take place.
C.
Physical Contact
1.
Visitors and inmates must accept responsibility to behave in a mature,
responsible manner, respectful of the rights of other inmates and their
visitors.
2.
Physical contact between visitors and inmates is limited to a brief kiss and a
short embrace at the beginning and end of the visit. Caressing is prohibited.
ADMINISTRATIVE
REGULATION
Department of
Correctional Services
State of Nebraska
NUMBER
205.02
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VISITING
Inmates on “No Contact” status with a minor will have no contact at any time
with a minor, including at the beginning and end of visitation.
D.
3.
No materials such as blankets, cloth, etc., may be used as a lap cover,
draped over tables, benches or chairs in the visiting area.
4.
Visitors and inmates will not be allowed to sit on each other’s laps or straddle
chairs, benches, etc. Inmates may be permitted to hold children, age three
and under, during visits. No other exceptions to this provision shall be made.
No children age four or above are allowed to sit on any inmate’s lap.
Visit Area
At the conclusion of the visit, inmates and visitors share a responsibility for cleaning
up the immediate area which was used for their visit.
VII.
VISITATION RESTRICTION/SUSPENSION
A.
Visit Restriction
It is the policy of the NDCS to encourage visits between members of the community
and inmates as a means of promoting the rehabilitation process. However, inmates
and visitors share a responsibility with the department for proper conduct during the
visiting process. Some actions which may result in either temporary or permanent
visiting restrictions are:
1.
Improper inmate or visitor conduct during the visiting process.
2.
Disruptive behavior.
3.
Introduction of contraband into the facility or taking unauthorized items or
property from the facility (criminal prosecution possible).
4.
Drinking of alcohol/use of illegal drugs or being under the influence of
alcohol/illegal drugs.
5.
Refusal to submit to a search of any type. (Types of searches may include:
canine, pat search, or other searches as indicated/approved.)
6.
Violation of any posted visiting rules and regulations or failure to follow staff
instructions.
7.
Leaving the visiting area and proceeding into an unauthorized area.
8.
Doing anything that jeopardizes the safety and good order of the facility.
9.
False or incomplete information on VRF or visiting or attempting to visit under
a false identification.
10.
Physical contact with a minor by an inmate on “No Contact” status with
minors.
11.
Poor sanitation and hygiene of visitor.
12.
Positive detection by any of the means specified in #5 above.
ADMINISTRATIVE
REGULATION
Department of
Correctional Services
State of Nebraska
B.
NUMBER
205.02
Page
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VISITING
Visit Suspension
The Warden of the facility may suspend the visiting privileges of the visitor by stating
that fact in a letter to the person and citing the reasons for it.
The statement of reasons may be deleted if it would jeopardize the security of the
institution or the safety of an individual. The inmate involved will also receive a copy
of the letter.
In that same letter to the visitor, the Warden will also specify the length of time that
the suspension is to last (i.e., whether indefinitely or for a specified period of time). In
the case of an indefinite suspension, the letter will include a date when that visitor
may resubmit an application for visiting privileges. Visitors that are suspended from
visiting at one NDCS facility are suspended from visiting at all NDCS facilities.
Exceptions may be considered by the Warden if immediate family members are
involved.
Any inmate aggrieved by the removal from his/her visiting list of one or more of the
approved visitors from his/her visiting list may appeal such action through the regular
grievance procedure.
C.
Modification
The Warden may modify the condition of the visit based on results of any part of the
search procedures. For example, a positive indication from a canine search.
Additionally, behavior on the part of the inmate or the visitor may require a
modification.
VIII.
VISITING ATTIRE
A.
Visitor Attire
When visiting this department’s correctional facilities, casual attire is appropriate.
However, clothing should not be distracting or offensive to inmates or to other visitors
and must be in good repair. Footwear in good repair is required. The following
modes of dress are inappropriate for visitation at a correctional facility:
(Note: exceptions can be made for Community Corrections Centers.)
1.
2.
Shorts (10 years of age or under are excluded)
Skirts, dresses/skorts/culottes, capris less than knee length (top of knee)
(10 years of age or under are excluded). Dresses with slits must not have
slits that go above the knee.
3.
Halter tops, tube tops, sleeveless dresses or shirts, spaghetti/string tied tops,
backless tops, muscle shirts, tank tops, half shirts, crop tops or other clothing
revealing bare shoulders, a bare midriff, or any part of the breast, chest or
back (10 years of age or under are excluded).
4.
Tights/leggings, stirrup pants, spandex/stretch pants (10 years of age or
under are excluded).
5.
See-through clothing.
ADMINISTRATIVE
REGULATION
Department of
Correctional Services
State of Nebraska
NUMBER
205.02
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VISITING
6.
Not wearing undergarments (i.e., females must wear panty-hose and/or
underwear and bra, males must wear underwear/undershorts).
7.
Visitors are not allowed to wear a combination of both khaki colored pants
and a shirt at the same time when they visit. A visitor may wear khaki pants
or khaki shirt, but never at the same time when visiting.
8.
Hats or caps of any kind may not be worn while in the visiting area.
Exception for hats should be made for approved visiting clergy.
9.
Any clothing with offensive logos or messages or related Security Threat
Group signs or symbols.
10.
Hooded shirts, sweaters, sweatshirts or other hooded apparel.
Female visitors are encouraged to wear slacks/pants. Female visitors wearing
skirts/dresses will not be required to lift the garment to their waist to facilitate an
appropriate pat search; staff will perform the pat search through the aforementioned
clothing.
B.
Inmate Attire
Inmate attire during visits shall be determined by the Warden of the facility.
Generally, male inmates will be clothed in a shirt, pants, socks and shoes of
appropriate style or issue. Female inmates at NCCW must wear a khaki shirt and
khaki pants, shoes and socks. All inmates shall be required to wear appropriate
undergarments. Soiled, torn or otherwise inappropriate clothing will not be worn in
the visiting area.
C.
Inmate Processing
Inmates will be strip-searched going to and leaving the visiting area. (This
requirement does not apply to inmates housed at community custody facilities.)
IX.
APPROVED VISIT ITEMS
Control over items brought into the visiting room/area is necessary for the safety/health and
welfare of the inmates, visitors and staff. Only the Warden (or designee) may authorize items
other than those listed below.
A.
Inmate Items
Inmates in general population will be required to be in possession of his/her inmate
I.D. card. In addition inmates are permitted the following items in the visiting
room/area:
1.
One ring.
2.
One watch.
3.
One handkerchief.
4.
One comb.
ADMINISTRATIVE
REGULATION
Department of
Correctional Services
State of Nebraska
B.
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VISITING
5.
One pair prescription glasses.
6.
One religious medallion/headwear.
7.
Authorized medical prosthetic appliances such as artificial limbs,
wheelchairs, canes, hearing aids, crutches etc., heart and asthma medication
8.
In addition to the above, inmates at all facilities (with the exception of DEC)
may have two earrings and one necklace.
9.
Up to $15.00 cash for inmates residing in community custody facilities.
10.
One room key.
11.
One religious book for a clergy visit.
Visitor Items
Visitors are permitted the following items in the visiting room/area:
1.
Heart and asthma medication. Other medication may not be taken into the
visiting area without approval from the Warden or the facility’s physician.
Medication must be in the original container.
2.
Infant necessities such as diapers, formula (formula must be in a clear baby
bottle) and, when not furnished by the facility, toys of a simple, non-weapon,
plastic type for pre-school age children.
3.
Where paper currency is not authorized, visitors may bring up to fifteen
dollars in change for use in the vending machines where vending machines
are available.
4.
No vending/canteen items may be taken back to the housing unit by the
inmate.
5.
Except as authorized in the following, all visitors personal property shall be
secured in their vehicles or in lockers provided by the facility:
a.
Sufficient identification to verify the visitor status/relationship.
b.
One comb, one watch, one handkerchief, jewelry as appropriate, one
religious medallion/headwear, and one pair of prescription glasses.
c.
Authorized medical prosthetic appliances, such as wheelchairs,
canes, artificial limbs, hearing aids, crutches, medical-alert jewelry,
service animals, etc.
d.
Tobacco products may not be used on department property and
must be secured in the visitor’s vehicle. These products may not be
brought into the facility.
ADMINISTRATIVE
REGULATION
Department of
Correctional Services
State of Nebraska
X.
NUMBER
205.02
Page
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VISITING
INMATE CHANGE OF STATUS
The inmate shall designate an immediate family member or visitor to be contacted in the
event of an emergency or major change of status and to coordinate the weekly desired
visiting days. Major change of status shall be considered transfer from one major facility to
another, such as the Lincoln Correctional Center to the Nebraska State Penitentiary or from a
Community Corrections Center back to an institution. It is the responsibility of the inmate to
notify any visitor of intra or inter-institution program changes such as change of housing unit
or housing unit to restrictive housing. Where the inmate is unable or not allowed to
personally notify someone, the Warden/designee shall notify a visitor of the change of status.
If, after a reasonable effort, the Warden/designee is unable to contact a visitor to relay a
major change of status, then the inmate will be so notified.
XI.
ANNUAL REVIEW AND UPDATE
Policies and procedures governing visiting will be reviewed annually and updated as
necessary.
REFERENCE
I.
General Statutory Power – Neb. Rev. Stat. SS83-173 and 83-186, DCS Rules and
Regulations – Chapter 4 – VISITING.
II.
ATTACHMENTS:
III.
A.
Visitation Request Form
B.
Special/Extended/Emergency Visit Request
C.
Visitor Deletion
D.
Inmate Summary of Crimes Against Minors
E.
Crimes Against Minor-Aged Victims
ACA STANDARDS
A.
Standard for Adult Correctional Institutions (ACI) (4th edition) (and supplements):
4150, 4275, 4498, 4499-1, 4499, 4500, 4501, 4503, and 4504.
B.
Performance Based Standards for Adult Community Residential Services (ACRS)
(4th edition): 4--ACRS-2A-02, 4-ACRS-5A-17, 4-ACRS-5A-18, and 4-ACRS-6A-01.
