Visitor's Requirements To Qualify For Conjugal Visits

It may not be surprising that prisoners have to meet certain requirements to qualify for conjugal visits, but it should be known that visitors also have to meet specific conditions. First of all, only six states in the United States offer this luxury, and only for those in state prisons, not federal prisons. The states that do offer conjugal visits include New York, Mississippi, Connecticut, Washington, New Mexico, and California, the latter of which also allows same-sex partners to participate in such visits.

The Visitor Must Be Married to the Prisoner To Qualify for Conjugal Visits

In all six states offering this kind of visit, the visitor has to be married to the prisoner. The marriage must have taken place before the prisoner was sent to the penitentiary. In California, the same-sex partner must be a registered domestic partner. While most people think of conjugal visits as purely a way for spouses to spend private time together, visitation rights are also extended to children of prisoners so that families can be together regularly for a short time.

The Past of the Visitor is Important

Any visitors considering conjugal visits should know that they will be subject to a criminal background check before they are allowed to see their spouse for this type of visit. Not surprisingly, the visitor cannot currently be an inmate of any prison or jail. In addition, they cannot have been an inmate of any prison or jail in the past.

Visitors Must Be Willing to Follow the Rules

Once a spouse's criminal check has been conducted, he or she will need to submit to a full body search before entering the building. The same will occur when leaving after the visit. Additionally, there is typically a dress code that varies by location, but the visitor is usually expected to wear clothes that are not revealing or disrespectful. Behavioral rules may also be set up, which each prison will communicate to the visitor upon arrival. Failure to follow the regulations may result in the visitor forfeiting their right to a conjugal visit.

Talk to an Attorney

In most cases, it is the responsibility of the prisoner to file the necessary paperwork and ensure that they qualify for conjugal visits. Therefore, most visitors can only wait for the application to be filed correctly by the prisoner, and hope that it is approved. However, potential visitors with questions regarding the criminal background check, full body search, dress code, or other requirements should contact a lawyer to make sure that they have the best chances of being approved, and that none of their rights are being violated during the process.