BOP Program Statement 5267.09 § 1

§540.40. Purpose and scope.

The Bureau of Prisons encourages visiting by family, friends, and community

groups to maintain the morale of the inmate and to develop closer relationships

between the inmate and family members or others in the community. The Warden

shall develop procedures consistent with this rule to permit inmate visiting. The

Warden may restrict inmate visiting when necessary to ensure the security and

good order of the institution.

Due to practical considerations and the different characteristics of institutions, certain limitations

and controls must be established in developing and administering visiting regulations. The

extent of these limitations will vary with each institution, and are recognized as reasons upon

which visiting restrictions may be based. These limitations will be specified in the Institution

Supplement.

The Warden has the authority to restrict or suspend an inmate’s regular visiting privileges

temporarily when there is reasonable suspicion that the inmate has acted in a way that would

indicate a threat to the good order or security of the institution. Ordinarily, the duration of the

restriction or suspension should be limited to the time required to investigate and complete the

discipline process.

Federal Regulations from 28 CFR are shown in this type.

Implementing instructions are shown in this type.

Reasonable suspicion exists when reliable information and/or facts are presented to the Warden

that the inmate is engaged, or attempting to engage, in criminal or other prohibited behavior.

Reasonable suspicion must be directed to the inmate(s)/visitor(s) in question.

In determining reasonable suspicion, staff employees should consider whether the available

information could reasonably lead a person with correctional experience to suspect that the

inmate is engaged in criminal or other prohibited behavior. (See Section 13.c. of this Program

Statement for reference to inmates in detention or segregation status.)

a. Summary of Changes. This re-issuance incorporates the following modifications:

Policy Rescinded

P5267.08 Visiting Regulations (5/11/2006)

■ Guidelines for Walsh Act assignments added.

■ Clarified language for Minister of Record.

b. Program Objectives. The expected results of this program are:

■ All inmates will be permitted visits by family, friends, and community groups consistent with

the security and orderly running of the institution.

■ A record of visitors will be maintained for all inmates.

■ A visiting schedule will be established for all institutions.

■ Procedures to monitor all visiting areas will be established to prevent the passage of

contraband and to ensure the security and good order of the institution.

c. Institution Supplement. Each institution will develop local procedures and guidelines

required to administer this Program Statement. The institution will involve the Regional Office,

Correctional Services Administrator, in developing the Institution Supplement.

The Institution Supplement must be available in English and Spanish.

The Institution Supplement will include, at a minimum, the following considerations:

■ The visiting schedule for the institution, including all of its components (satellite camp, jail,

etc.), if they differ.

■ Holdover visiting procedures (time frame for approval; who is permitted to visit, etc.).

■ Procedures addressing special visitors (i.e., minister of record and clergy visits).

■ Procedures for disapproving proposed visitors.

■ Procedures for approving any exception to the prior relationship requirement.

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 4

■ The method by which staff employees will make written guidelines available to visitors.

■ Limitations specific to the institution (e.g., visiting space, frequency of visits, number of

visitors).

■ Identify staff employees responsible for arranging and supervising special visits.

■ Procedures to maintain a record of visitors for each inmate.

■ Procedures for a backup system to the computer visiting program.

■ Facility address/phone number, directions to the facility, and information about local

transportation.

■ Days and hours of visitation.

■ Approved dress code.

■ Identification requirements for visitors.

■ Items authorized in the visiting room.

■ Special rules for children.

■ Authorized items that visitors may bring to give to the inmate, if applicable.

■ Special visit requirements.

■ Procedures for storing items not authorized in the visiting room (cellphones, car keys,

handbags, etc.).

■ Visiting procedures for inmates assigned to the Special Housing Unit.

■ Visiting procedures for inmates hospitalized in the community.

■ Procedures for child areas (e.g., whether inmates are permitted in areas designated for

children).

■ The size and quantity of any clear plastic container/bag used to carry authorized items into a

visiting room.

■ Procedures for the use of non-contact visiting areas (if available).

■ Procedure to ensure the maximum capacity of the visiting room is not exceeded (i.e., early

termination due to overcrowding).

■ Procedures addressing frequency of changes to the inmate(s) Visiting List.

■ Procedures addressing supervision of inmates convicted of a Walsh Act offense involving a

minor.

■ Procedures to ensure inmates can access legal counsel as soon as it is safely possible after a

facilities issue or other disruptive event.

■ Procedures for notifying inmate families and the public when deviation from the visitation

schedule occurs.

■ Procedures that no visitor is prohibited from visiting an incarcerated individual due to such

visitor’s use of sanitary (i.e. feminine hygiene)products.

■ Guidance on providing a private area for nursing as nursing infants are permitted in the

visiting room.

P5267.09 12/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 5