Prisoner's Requirements To Qualify For Conjugal Visits

The Department of Corrections for each state is responsible for determining if a prisoner qualifies for conjugal visits. These visits, more commonly known as extended family visits, provide specific private time for the inmate and his or her spouse and children. While each state sets individual criteria most are fairly similar with regards to eligibility for the program.

Married or Common-Law Spouses

The six states that provide options for conjugal visits restrict the access to spouses, either married or common-law, and children, with some options for other close family members. The marriage or common-law relationship has to be established before the incarceration. None of the six states, which include California, Connecticut, Washington, New Mexico, New York and Mississippi, allow conjugal visits for boyfriends or girlfriends or spouses if the marriage occurs while one of the partners is in prison.  California recently modified the eligibility to allow for same sex partners of a recognized domestic partnership.

Qualification of Inmates

The inmate must meet very specific requirements to apply for conjugal visits. In all states the inmate must:

• Have a clean disciplinary record within a specific time frame within the prison system
• Be a model prisoner participating actively in all required prison programs
• File the required application and documentation to have their case reviewed for conjugal visits
• Be free from any sexually transmitted diseases and complete the required tests for STD's prior to the visit occurring
• Be housed in a medium to low security facility
• Not be incarcerated for family violence, child abuse or other specific types of violent crimes

Simply being married does not qualify prisoners for the program in any state.

Qualification of Spouses

Spouses will also have to meet very specific requirements for the application for the program. Spouses must:

• Pass a detailed criminal background check
• Not be current or past inmates of any state, local or federal prison or jail
• Agree to a full body search when entering and leaving the facility
• Follow all regulations with regards to materials, dress codes and behavior with regards to conjugal visits

An Attorney can Help

In the states that allow conjugal visits in state prisons, working with an attorney to apply for the program will make the process much easier. The attorney can review the application, submit the required documentation and follow up on the application. The attorney will also be able to answer questions about the program and the chances of being granted conjugal visits in your specific situation.