1. (a) When a bonafide and verified foster relationship exists between an incarcerated person and another person, by virtue of being raised in the same foster family, the person may be approved for family visiting with the prior approval of the institution head or designee.

2. (b) Family visiting is a privilege. Eligibility for family visiting shall be limited by the assignment of the incarcerated person to a qualifying work/training incentive group as outlined in section 3044.

   1. (1) Family visits shall not be permitted for incarcerated persons convicted of a violent offense where the victim is a minor or family member or any sex offense, which includes but is not limited to the following Penal Code sections: 187 (when the victim is a family member as defined in Section 3000 or minor); 192 (when the victim is a family member or minor); 243.4; 261; 261.5, 262; 264.1; 266c; 266j; 273a; 273d; 273.5; 273.6; 285; 286; 288; 287; 288.2; 288.5; 289; 289.5; 311.1; 311.2; 311.3; 311.4; 313.1; 314; or 647.6, unless otherwise eligible pursuant to subsection (b)(1)(B) or (C) of this section.

      1. (A) Incarcerated persons may be prohibited from family visiting where substantial documented evidence or information of the misconduct described in section 3177(b)(1) exists, without a criminal conviction. The evidence or information appropriate for the purpose of this regulation shall include rule violation reports as well as the standard described in section 3173.1.
      2. (B) Incarcerated persons convicted as a minor of a violent offense where the victim was a minor or family member, excluding any sex offense, shall have eligibility for family visiting determined by a classification committee provided the incarcerated person has demonstrated sustained, positive behavior to include: no serious rules violation reports in the last five years and documented participation in self-help groups, e.g., Anger Management, Narcotics Anonymous, Alcoholics Anonymous. The classification committee shall consider the circumstances of the offense involving a minor or family victim in determining whether the incarcerated person poses a threat of harm to visitors during a family visit. In making its determination, the classification committee shall consider, but is not limited to, arrest reports, probation officer reports, court transcripts, parole revocation transcripts.
      3. (C) Incarcerated persons convicted of a violent offense where the victim was a minor or a family member, excluding any sex offense, may be eligible for family visiting as determined by a classification committee providing the incarcerated person has demonstrated sustained, positive behavior to include: no serious rules violation reports in the last ten years and documented participation in self-help groups, e.g., Anger Management, Narcotics Anonymous, Alcoholics Anonymous. The classification committee shall consider the circumstances of the offense involving a minor or family victim in determining whether the incarcerated person poses a threat of harm to visitors during a family visit. In making its determination, the classification committee shall consider, but is not limited to, arrest reports, probation officer reports, court transcripts, parole revocation transcripts.
      4. (D) Family visiting shall be restricted as necessary to maintain order, the safety of persons, the security of the institution/facility, and required prison activities and operations, pursuant to section 3170.

   2. (2) Family visits shall not be permitted for incarcerated persons who are in any of the following categories:

      1. (A) Designated Close Custody;
      2. (B) Designated a condemned incarcerated person;
      3. (C) Assigned to a reception center;
      4. (D) Assigned to a Restricted Housing Unit;
      5. (E) Designated “C” status;
      6. (F) Guilty of one or more Division A or Division B offense(s) within the last 12 months; or
      7. (G) Guilty of distribution of a controlled substance while incarcerated in a state prison, under subsection 3016(d). Loss of family visiting (overnight) in accordance with subsection 3315(g)(5)(H).
   3. (3) Family visits shall be permitted only in CDCR institutions and conservation camps.
3. (c) Unescorted minors of the incarcerated person's immediate family shall not participate in family visits. Exceptions include an incarcerated person's legal spouse, the incarcerated person's children or legal stepchildren and the incarcerated person's own brothers or sisters when the institution head or designee approves such unchaperoned visits.
4. (d) Incarcerated persons shall not be eligible for a family visit while any action that restricts, suspends, or denies their contact with a visitor or visitors during regular visiting is in effect. Family visits may be revoked or suspended without such action affecting an incarcerated person's eligibility for contact or non-contact visits.
5. (e) Each incarcerated person shall be subject to disciplinary action, which may include suspension or exclusion from participation in the family visiting program, for any willful damage of the unit and/or furnishings or for failure to maintain the cleanliness of the family visiting program unit.
6. (f) Visitors failing to report to the visitor processing area by 11:00 a.m. without the notification and approval of the family visiting coordinator are subject to cancellation of the visit and suspension of family visiting program privileges for six months.
7. (g) Incarcerated persons with a disability requiring an accommodation for family visits shall give 72 hours notice of any request for accommodation.

Institution heads shall maintain family visiting policies and procedures. Family visits are extended overnight visits, provided for eligible incarcerated persons and their immediate family members as defined in Section 3000, commensurate with institution security, space availability, and pursuant to these regulations. Each institution shall provide all necessary accommodations, except for food, at no cost to the incarcerated persons and their visitors. Institutions shall require eligible incarcerated persons to purchase all food for the family visit through the institution family visiting coordinator. Each institution family visiting menu shall provide a balanced variety of nutritional selections. At all CDCR conservation camps, the visitors shall be required to bring all food for the visit.

Only those immediate family members as defined in Section 3000, including registered domestic partners, are authorized for family visits.

Note: Authority cited: Sections 5058 and 6404, Penal Code. Reference: Section 297.5, Family Code; and Section 5054, Penal Code.

History

1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).

2. Amendment of subsection (c) filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).

3. Amendment of subsection (c)(4) and new subsection (c)(13) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).

4. Amendment of subsection (c)(11)(C) filed 4-18-80; effective thirtieth day thereafter (Register 80, No 16).

5. Amendment of subsection (c)(10)(C) filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).

6. Amendment of subsections (c)(11)(B) and (c)(12) filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).

7. Amendment of subsection (c)(3) filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).

8. Change without regulatory effect amending subsection (c)(9)(C) filed 9-26-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 39).

9. New subsections (c)(11)(D) and (E) and subsection relettering filed 2-11-98 as an emergency; operative 2-11-98 (Register 98, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-11-98 or emergency language will be repealed by operation of law on the following day.

10. Certificate of Compliance as to 2-11-98 order transmitted to OAL 5-4-98 and filed 6-16-98 (Register 98, No. 25).

11. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).

12. Change without regulatory effect amending subsection (b)(1) filed 12-4-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 49).

13. Amendment of first two paragraphs, subsection (b)(1) and Note filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).

14. Change without regulatory effect amending subsection (b)(2) filed 3-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 11).

15. Change without regulatory effect amending first paragraph and subsection (b)(3) filed 1-8-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 2).

16. Amendment of subsection (b)(2) filed 2-9-2017 as an emergency; operative 2-20-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-31-2017 or emergency language will be repealed by operation of law on the following day.

17. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 7-12-2017 and filed 8-23-2017 (Register 2017, No. 34).

18. Amendment of subsection (b)(1), new subsections (b)(1)(B)-(C), subsection relettering, amendment of subsection (b)(2), new subsections (b)(2)(A)-(H) and amendment of Note filed 1-15-2019; operative 1-15-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 3).

19. Amendment of subsection (b)(2)(D), repealer of subsection (b)(2)(E) and subsection relettering filed 10-24-2023 as an emergency; operative 11-1-2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.

20. Amendment of subsection (b)(2)(D), repealer of subsection (b)(2)(E) and subsection relettering refiled 4-8-2024 as an emergency; operative 4-11-2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.

21. Amendment of subsection (b)(2)(G) filed 3-7-2024; operative 7-1-2024 (Register 2024, No. 10).

22. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).

23. Certificate of Compliance as to 4-8-2024 order transmitted to OAL 6-18-2024 and filed 7-31-2024 (Register 2024, No. 31).