BOP Program Statement 5267.09 § 9

§540.45. Qualification as special visitor.

Persons in the categories listed in this section may qualify as special visitors

rather than as regular visitors. Visits by special visitors ordinarily are for a

specific purpose and ordinarily are not of a recurring nature. Except as specified,

the conditions of visiting for special visitors are the same as for visitors.

a. Business Visitor. Except for pretrial inmates, an inmate is not permitted to

engage actively in a business or profession. An inmate who was engaged in a

business or profession prior to commitment is expected to assign authority for

the operation of such business or profession to a person in the community.

Pretrial inmates may be allowed special visitors for the purpose of protecting the

pretrial inmate’s business interests. In those instances where an inmate has

turned over the operation of a business or profession to another person, there

still may be an occasion where a decision must be made which will substantially

affect the assets or prospects of the business. The Warden accordingly may

permit a special business visit in such cases. The Warden may waive the

requirement for the existence of an established relationship prior to confinement

for visitors approved under this paragraph.

b. Consular Visitors. When it has been determined that an inmate is a citizen of a

foreign country, the Warden must permit the consular representative of that

country to visit on matters of legitimate business. The Warden may not withhold

this privilege even though the inmate is in disciplinary status. The requirement

for the existence of an established relationship prior to confinement does not

apply to consular visitors.

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c. Representatives of Community Groups. The Warden may approve visits on a

recurring basis to representatives from community groups (for example, civic,

volunteer, or religious organizations) who are acting in their official capacity.

These visits may be for the purpose of meeting with an individual inmate or with a

group of inmates. The requirement for the existence of an established

relationship prior to confinement for visitors does not apply to representatives of

community groups.

d. Clergy, Former or Prospective Employers, Sponsors, and Parole Advisors.

Visitors in this category ordinarily provide assistance in release planning,

counseling, and discussion of family problems. The requirement for the

existence of an established relationship prior to confinement for visitors does not

apply to visitors in this category.

The following processing procedures apply to ministers of record and clergy:

(1) Minister of Record. An inmate wanting to receive visits from his/her minister of record

must submit a written request to the Chaplain. Upon approval, unit staff employees add the

name and title (minister of record) to the inmate’s visitor list.

An inmate may only have one minister of record on his/her visiting list at a time. The addition of

the minister of record will not count against the total number of authorized regular visitors an

inmate is allowed to have on his/her visiting list, and will not count against the total number of

social visits allowed.

(2) Clergy. Visits from clergy (other than the minister of record) will be in accordance with the

general visitor procedures, and will count against the total number of regular visits allowed.

Ordinarily, clergy visits will not be accommodated unless requested by the inmate. However,

the Chaplain may approve a visitation request initiated by the clergy if the inmate wishes to visit

with the clergy.

Clergy/minister of record visits will be accommodated in the visiting room during regularly

scheduled visiting hours and, to the extent practicable, in an area of the visiting room that

provides a degree of separation from other visitors. If a private area is not available, the visit

may be rescheduled.

The Warden may establish a limit to the number of minister of record and clergy visits an inmate

receives each month, consistent with available resources. However, during times of personal or

family emergencies, an inmate will be authorized a visit from his/her minister of record. Refer to

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the Program Statement Religious Beliefs and Practices for additional information regarding

minister of record and clergy.