States That Allow Conjugal Visits

To help inmates maintain family ties—increasing the chances that after prison, they will successfully reenter society—some prison systems allow certain prisoners occasional private visits with family members. These are often called conjugal visits or extended family visits.

Conjugal visits for prisoners and their legally married spouses are not new; in fact, they date back to the early 1900s in the United States.

Prison Systems That Allow Conjugal Visits

Only six states currently allow conjugal visits, and only under limited circumstances:

• California
• Connecticut
• Mississippi
• New Mexico
• New York
• Washington

Prisoners in the federal penal system do not have the option of conjugal visits. 

Who May Have Conjugal Visits

Private family visits are always a privilege that must be earned. Most states also require the prisoners to be non-violent, medium security inmates without a history of child abuse or domestic violence.

Legally married inmates may have conjugal visits. California, New York, and Washington also allow inmates who entered into registered domestic partnerships or civil unions to have conjugal visits. In most places, common-law spouses (couples who lived together and held themselves out as married couples, but never went through a valid wedding ceremony) may not have private visits.

These private visits are always considered a special privilege and are available only to certain inmates. Prisoners in high-security facilities or on death row are not allowed conjugal visits. In most states, a prisoner who is in a minimum- or medium- security facility may be allowed visits once he or she has established a record of good behavior while in custody. For example, a prisoner might not be allowed to have a conjugal visit if they have violated a prison rule within the previous six months or committed a serious offense within the last three years.

Depending on the state’s rules, inmates who are identified to be at risk of transmitting HIV or any other sexually transmitted disease (syphilis, gonorrhea, for example) to a non-infected person may not be eligible for conjugal visits. 

The inmate’s spouse or visitor must also meet certain requirements.  The visitor may have to undergo a background check and dress appropriately. 

Rules for Conjugal Visits

Some states allow only short visits by a spouse. In Mississippi, for example, a conjugal visit lasts for an hour.

Other states allow more family members to be present for a longer time, providing family time for children as well as the couple. New York’s “Family Reunion Program,” for example, includes children and grandchildren as well as spouses. In Washington, extended family visits take place in a trailer on prison grounds and can last up to 48 hours. There are strict rules about where the children can be within the facility. New Mexico also allows spouses and children to visit and stay in a small trailer.

For security reasons, the inmate and visitors are searched before and after each visit. Visitors are allowed to bring only a minimum amount of personal property, including of personal hygiene items. They are strictly forbidden from bringing alcohol or drugs, cell phones, or other electronic devices. Even the kinds of food that can be brought in are subject to regulation, to ensure that no contraband enters the prison.

After a visit, an inmate may be tested for drugs. If any is found, the inmate won’t be eligible for more visits for a certain amount of time.