Death Row Prisoners: Visitation Rights

Death row visitation rules can be complicated, and every state and the federal system sets its own policies. While most death row inmates are allowed visits from family, clergy, and lawyers, the type of visit—contact or non-contact—depends on security concerns and inmate behavior. Understanding these rules helps visitors prepare, follow prison procedures, and maintain meaningful connections safely.

Can Death Row Inmates Have Visitors?

While most death row inmates can have visitors, prison officials can limit when and where visits occur and may place restrictions (such as requirements for pre-approval) on who can visit.

Death row inmates don't always get the same visitation rights as inmates in the general prison population. Plus, prison officials have wide latitude to craft policies, including visitation policies, that maintain institutional security and inmate discipline.

Inmate Visitor Approval

Getting on an inmate's visitor list isn't automatic, and a special application might apply for death row inmate visits.

Prisons usually have a step-by-step approval process that must be followed, which can differ depending on the visitor's relationship with the inmate. Family members and spouses will generally make the visitor list, as will attorneys, physicians, and clergy members. Limits may be placed on visits by non-family members, members of the general public, and journalists. Visitors who are under some type of correctional supervision (like probation or parole) might not be allowed to visit.

Why Are Visits So Tightly Controlled?

Evidence suggests that prisoners benefit from liberal visitation policies and that prisoners who are allowed visitation are better behaved while incarcerated. However, prison security is always the overarching consideration. Guards are almost always present and, except for visits with attorneys, prisoners have no right to privacy with their visitors.

Can Death Row Inmates Have Contact Visits?

Contact visits allow a prisoner to sit together with visitors in a visiting room, usually with other prisoners, and enjoy limited physical contact (such as hand holding during the visit, and a brief kiss or hug at the start and end of the visit). Some states permit death row inmates to have contact visits, others do not.

No Right to Contact Visits

No prisoner, including a prisoner on death row, has a right to contact visitation. As the U.S. Supreme Court noted, "Contact visits invite a host of security problems." (Block v. Rutherford, 468 U.S. 576, 587 (1984).) In Block, the Court decided that corrections officials were entitled to have a general bar against contact visits on the basis of security, namely to reduce the opportunity for escape, hostages, and smuggling drugs, weapons, or other contraband into the facility.

Examples of States With Contact Visits for Death Row Inmates

Several states allow contact visits for death row inmates, including Arizona, California, Florida, and Tennessee. However, corrections officials can take away this privilege for misconduct in prison or during a visit. For instance, California permits contact visits for "Condemned Grade A" death row inmates "unless their visiting privileges have been restricted for disciplinary or security reasons."

A state might also restrict contact visits for inmates under a death warrant immediately preceding execution. Idaho, for instance, permits contact visits by approved visitors but limits contact visits to only an attorney of record once a death warrant is issued. The opposite might also be true. North Carolina prohibits contact visits for death row inmates, but allows the warden to make exceptions in the days immediately prior execution. (Idaho Code § 19-2705 (2025).)

Are Death Row Prisoners Allowed Conjugal Visits?

Almost all states have eliminated conjugal visits for any inmate. The few states that still allow them refer to them as extended family visits or family reunion programs. California has a family-visit program but inmates on death row are not eligible. The only other states allowing these extended visits do not have death row inmates.

Like other contact visits, courts have determined that prisoners have no right to conjugal visits and that the denial of conjugal visits does not violate the prohibition against cruel and unusual punishment, nor the right to privacy (for prisoners or their spouses). (In re Cummings, 640 P.2d 1101 (Cal. 1982); Anderson v. Vasquez, 827 F. Supp. 617 (N.D. Cal. 1992).)

Non-Contact Visits for Death Row Prisoners

For inmates who aren't allowed contact visits, a prison may permit non-contact visits instead. These visits usually take place through a clear partition. Video chats may also be permitted. States like Mississippi, North Carolina, and Texas stick to these stricter non-contact formats for death row inmates. Just like contact visits, bad behavior or rule violations can mean losing non-contact visiting privileges.

Can Lawyers and Clergy Visit Death Row Prisoners?

All convicted criminals, including those on death row, are entitled to visit with their attorneys. Generally, visits with counsel must be confidential. Officials have less leeway in restricting attorney visits.

States generally allow clergy visits for death row inmates, although some don't allow contact visits. Texas only allows outside clergy members to visit if they have official credentials and, even then, only on a case-by-case basis. Special exceptions are made for clergy visits to death row inmates within 30 days of their execution.

When Can Prisoners or Visitors Lose Visitation Privileges?

Because visiting is a privilege and not a right, both prisoners and visitors can lose the opportunity to visit if they fail to follow prison rules or obey correctional officers' commands during a visit. Prisoners can also lose their visiting privileges for other infractions and some prisoners, such as those in administrative segregation, may never be permitted to visit family or friends. Prisons may also cancel all visits if there are health, safety, or security risks, including outbreaks of infectious diseases.

How to Visit an Inmate on Death Row

Visitors will typically need to be pre-approved by both the inmate and the prison. Inmates generally make a visitor list. A person on the list who wants to visit will need to apply through the prison. The application process may include background checks and other requirements.

Once approved, the visitor needs to schedule a visitation appointment with the prison. Most prisons have certain days and times allotted for visits, and inmates may only be permitted a certain number of visitors and visits each week or month.

Don't just show up! Unauthorized visitors will almost always be turned away. It's best to get everything in order before making any travel arrangements.

What to Expect When Visiting a Death Row Prisoners

Prisons have strict rules once visitors get there.

Bring ID. Visitors should bring appropriate identification and any application approval letters.

Searches. Visitors, including children, may need to submit to searches, metal detectors, scanners, and pat-downs before being allowed in the visitation area.

Dress codes. Prisons and jails have strict dress codes. For example, visitors to federal prisons cannot wear sundresses, hats, sleeveless tops, or anything khaki or green that resembles inmate dress.

Prohibited items. Commonly prohibited items include phones, wallets, purses, cameras, food, and gifts. Visitors are prohibited from bringing in anything that could be considered contraband, like drugs or weapons, and money and medication are also restricted.

Best behavior. Visits are supervised, and visitors and inmates must follow behavior guidelines. Contact visits, especially, have strict rules. A short embrace and kiss may be allowed at the beginning and end of the visit, but no sexual touching or prolonged contact will be allowed. Disruptive behavior, loud talking, or arguing can be grounds for terminating the visit.

Rules for visiting federal inmates can be found on the Federal Bureau of Prisons website. Each state prison has its own rules, so if you are going to visit a prisoner, make sure to familiarize yourself with the applicable rules before you go. The prison can deny your visit if you violate prison policies.

Need Legal Help With a Visit

If you are having difficulty visiting a prisoner, you may want to talk to a local attorney. An attorney can explain your options and help you resolve the issue.