a. A parent or legal guardian who has custody of an inmate’s minor child may authorize an immediate family member, who is on the active visitor list of an inmate to accompany or supervise an inmate’s children by submitting a Request for Minor Children to Visit form. The notarized form should be submitted to the institutional Warden, or his/her designee, prior to the scheduled visit.
b. A separate notarized form is required for each immediate family member who is approved to accompany or supervise an inmate’s minor children.
c. After the Warden, or his/her designee, reviews an inmate’s proposed form, the names of those persons who are approved will be entered into the inmate database, Visitation Module, and a copy of the approved or disapproved list will be given to an inmate and a copy of the list will be scanned into the inmate’s database.
d. Four (4) adults and four (4) minor children are authorized to visit an inmate at any one (1) time. Visitors who bring minor children to visit will be expected to properly supervise the children so that they do not cause disruption to the institution, staff, or other visitors. Violations may result in the visitors being terminated from visitation. a. In South Dakota an attorney shall submit a written request to the Warden, or his/her designee, to schedule a legal visit. The request requires a minimum of twenty-four (24) hours notification to be considered for approval. The written request should include the following: (1). The name and AIS number of the inmate(s) and specific legal reason(s) for the visit. (2). The date and time requested. (3). The attorney/legal assistant(s) valid driver’s license number and state of issue and other identification information, to include, the bar identification number and professional organization license number. (4). Any other pertinent information.
b. An attorney(s), or agents of the attorney, including paralegal, investigators, psychologists, psychiatrists, mitigation specialist, and or social workers will be allowed to interview with an inmate for legal purposes and will not be required to have a court order. The request shall come in writing from an attorney and include the attorney’s credentials, as indicated in section 2.a. above.
c. d. Any question of the validity of the visit shall be referred to institutional Legal Department and their instructions followed.
e. Prior to the visit, the attorney may request, with approval of the Warden to leave legal documents with an inmate. Documents being brought into the institution by attorneys and legal assistants shall be searched in the presence of the attorney and legal assistant.
f. An attorney may request to bring to a visit electronic equipment, i.e.; laptop, tape recorder, camera; materials needed to complete a psychological evaluation. (1). The request will be honored only in very limited, special circumstances, with the advanced approval of the Warden. (2). The request must be in writing to the Warden.
g. Attorneys and Legal Assistants shall go through routine search procedures in accordance with rules, Searches when entering the institution.
h. Unless specifically approved by the Warden, or his/her designee, all meetings between attorneys and an inmate shall be one-on-one. The Warden, or his/her designee, shall make every reasonable effort to provide a room where an attorney can meet confidentially with an inmate. A meeting place shall be provided in which others cannot reasonably overhear the discussion between an inmate and attorney.
i. Attorney visits may be scheduled with death row inmates simultaneously with up to three (3) different inmates/attorneys being placed in the visitation area at the same time. In extreme circumstances an additional inmate may be placed on the visiting yard at the discretion of the Warden.
j. Restraints for an inmate may be utilized at the Wardens’ discretion. a. A member of the clergy, who was an inmate’s pastor in civilian life, may visit an inmate if an inmate has submitted an Inmate Request Form to the Institutional Chaplain and has been approved by the Warden, or his/her designee. (1). An inmate’s request shall be submitted in writing at least fourteen (14) days prior to the requested visit date. (2). An inmate is limited to a Clergy/Pastoral visit once every six (6) months. (3). The Clergy/Pastoral visit shall not exceed one (1) hour.
b. Visiting clergy shall be responsible for complying with the guidelines set forth in this regulation. a. With the prison located in Huron an inmate shall submit an Inmate Request Form for a special visit to be approved or disapproved by the Warden, or his/her designee.
b. The request should be limited to an immediate family member.
c. An inmate may be eligible to receive one (1) special visit every six (6) months.
d. A special visit may be for an immediate family member who is not on the active visitation list but lives in excess of 500 miles away. a. An inmate confined to an outside hospital may only be allowed a visit if the attending physician states that an inmate is in a terminal/life threatening situation and the Warden, or his/her designee, approves the visit. b. The visitor must be on the inmate’s active visitor list.
c. All visitors must be approved by the Warden, or his/her designee. The Warden, or his/her designee, shall notify in writing the hospital and contract security staff. Approved visitors must present picture identification to visit an inmate.
d. Approved visitors shall be required to follow established facility and hospital rules and procedures.
e. Approved visitors shall not be allowed to bring any item to the inmate visit.
f. The facility Correctional Officer(s)/contract security staff shall contact the institutional Shift Commander or designee upon the visitor(s) arrival and departure. The visitor(s) name, arrival time and departure time shall be entered into the shift log and forwarded to the visitation officer/designee for entry into the Visitation Module. a. An inmate in the institutional health care unit with input from the health care provider may be allowed visitor(s) from the inmate’s active visitor list.
b. The Warden, or his/her designee, shall approve the date and time for the visit. 1. These visits will be approved and coordinated by the Warden, or his/her designee, through the Public Information Officer, Institutional Coordinator and the Associate Commissioner of Operations as appropriate.
2. In the event of an unannounced or unscheduled visit by an official visitor, the Public Information Officer, Institutional Coordinator, and the Associate Commissioner of Operations shall be notified immediately.
3. Facility employees visiting institutions from other divisions (i.e. Central Office, Legal, etc.) may be required to walk through metal detectors and or hand-held devices. These employees will not be subject to search unless there is a security operation in progress and everyone entering the institution that day is being searched.
1. Being held in Huron each visitor shall be identified by his/her finger scan and identification card. The visitation officer/designee will require all visitors to sign in and out on the Visitor Register, and will log the date and time of the visit. The register shall be dated and signed by the visitation officer/designee.
2. Visitors may be required to walk through a metal detector or screened with a hand-held detector.
3. Upon entry to an institution, ultraviolet ink shall be applied on the back of the hand of all approved visitors. A different design shall be used each day. A black-light shall be utilized to verify that the ink was applied correctly. A black-light shall be utilized to verify only visitors that are exiting the institution.
4. Inmates and visitors shall be searched prior to entering the visitation area to prevent contraband from entering the institution in accordance with Search rules and contraband will be disposed of in accordance with Disposal of Contraband rules. a. In accordance with Search rules, no cross gender searches will be conducted. b. Minor children shall be searched in the presence of their parent or legal guardian.
5. If there is reasonable suspicion that the visitor is carrying contraband, an unclothed search may be undertaken in accordance with Search rules. The unclothed search shall be authorized by the Warden. An Visitor Unclothed Search Authorization form, shall be completed prior to the search.
a. If a visitor refuses to be searched, he or she shall be denied entry into the institution. The visitor may be barred. b. If contraband is found in the possession of a visitor the contraband shall be confiscated and disposed of. The visitor may be detained for questioning by the Warden, his/her designee, or I&I Investigator. c. The on-call I&I Investigator shall be notified. d. An Duty Officer Report and Incident Report shall be completed. 6. If a visitor appears to be under the influence of an intoxicant he or she shall be denied entry into the institution.
7. If a visitor refuses to comply with visitation rules and procedures he or she shall be removed from the visiting area or institution.
8. Each adult visitor may be allowed to bring no more than $20.00 for the vending machine(s).
9. An inmate shall be frisk searched prior to entering the visitation area.
10. An inmate is NOT permitted to carry any item from the visitation area.
11. An inmate shall be stripped searched prior to exiting the visitation area.
12. An inmate housed in administrative segregation may be allowed visits in Administrative Segregation.
13. An inmate housed in disciplinary segregation shall not be allowed visits in accordance with Disciplinary Segregation, except with an attorney.
1. Denial. a. A visit may be denied, with the approval of the Shift Commander, because of institutional or visitation rule violation(s). b. Security personnel shall initiate an incident report in accordance with Incident Reporting. c. The Warden shall review the incident to determine if further action is required. d. If upon further review, the Warden shall provide a written notice to the visitor that they have been suspended from entering ALL institutions. A copy shall be scanned into the inmate’s database and a copy shall be provided to the inmate.
2. Termination. a. A visit may be terminated, with approval of the Warden, or his/her designee, because of institutional or visitation rule violation(s) by an inmate or visitor. b. Security personnel shall enter the termination in the Visitation Module. c. Security personnel shall initiate an incident report in accordance with Incident Reporting. d. The Warden shall review the incident to determine if further action is required.
3. Suspension. a. The Warden may suspend visitation privileges, after review of the Incident Report, for a period of up to six (6) months for institutional or visitation rule violation(s). b. The Warden, or his/her designee, shall enter the period of suspension into the Visitation Module. c. The Warden shall provide a written notice to the inmate, visitor, and visitation staff of suspended visitation privileges. d. The suspended visitor may apply in writing to the Warden for reinstatement after the suspension period has ended.
4. Barred. a. A visitor may be barred for a period of more than six (6) months to an indefinite length of time for serious and/or repeated infraction(s) such as, but not be limited to: (1). Assaultive/disruptive behavior. (2). Illegal drugs or possession of unauthorized drugs. (3). Possession of firearms/weapons on state property. (4). Repeated violation(s) of institutional or visitation rules. b. The Warden will review the Incident Report and submit his or her recommendation for permanent barring utilizing the Visitation Module to the Associate Commissioner of Operations. c. The Associate Commissioner of Operations shall approve or disapprove, utilizing the Visitation Module, the Warden’s recommendation for barring a visitor. d. The Warden shall provide a written notice to the visitor that they have been barred from entering ALL institutions. A copy shall be scanned into the inmate’s database and a copy shall be provided to the inmate.
1. These visits will be approved and coordinated by the Warden, or his/her designee, through the Public Information Officer, Institutional Coordinator and the Associate Commissioner of Operations as appropriate.
2. In the event of an unannounced or unscheduled visit by an official visitor, the Public Information Officer, Institutional Coordinator, and the Associate Commissioner of Operations shall be notified immediately.
3. Facility employees visiting institutions from other divisions (i.e. Central Office, Legal, etc.) may be required to walk through metal detectors and or hand-held devices. These employees will not be subject to search unless there is a security operation in progress and everyone entering the institution that day is being searched.