The secretary of corrections may promulgate rules and regulations providing for family visits between minimum or medium security inmates confined at state correctional facilities and their families. As used in this section:

1. A. "family" means the inmate's legal spouse, natural parents, adoptive parents, if the adoption occurred and a family relationship existed prior to the inmate's incarceration, stepparents or foster parents, grandparents, brothers and sisters, natural and adoptive children, stepchildren and grandchildren. The term does not include the inmate's aunts, uncles and cousins unless a bona fide foster relationship exists, nor does it include persons with only a common law relationship to the inmate; and
2. B. "family visit" means extended and overnight visitation between eligible inmates and their families with all necessary accommodations provided by the corrections department for this purpose at a reasonable charge to the inmate or his family to defray the costs of the accommodations. Families shall be required to provide food for the visit or, if security requires, to purchase all food for the visit from the department.

History: Laws 1983, ch. 97, § 1.

ANNOTATIONS

Withdrawal of visitation privileges. — Where the inmate's visitation privileges were withdrawn; the inmate was not given notice of any kind or an opportunity to be heard or present evidence; the inmate was not given a written statement prepared by an impartial fact finder regarding the evidence and reasons for the deprivation; and because there was no hearing, the inmate was not able to confront the inmate's accusors or cross-examine witnesses, the inmate's due process rights were violated. Cordova v. LeMaster, 2004-NMSC-026, 136 N.M. 217, 96 P.3d 778.

Am. Jur. 2d, A.L.R. and C.J.S. references. — State regulation of conjugal or overnight familial visits in penal or correctional institutions, 29 A.L.R.4th 1216.

Federal and state constitutions as protecting prison visitor against unreasonable searches and seizures, 85 A.L.R.5th 261.

Admissibility in sex offense case, under Rule 412 of federal Rules of Evidence, of evidence of victim's past sexual behavior, 166 A.L.R. Fed. 639.