Prison visitation policies vary dramatically among states, but when it comes to conjugal visits, most states agree they are a thing of the past.
Only four states allow conjugal visits—California, Connecticut, New York, and Washington. A conjugal visit is private time that a prisoner may spend with an intimate partner. States no longer refer to conjugal visits, nor do they promote them as such. The four states allowing these visits focus on family reunification. Depending on the state, a family visit may last a few hours or overnight in a private home-like setting.
How Do Conjugal or Extended Family Visits Work?
To be granted a conjugal visit or extended family visit, generally, both the inmate and visitors must submit applications. Common rules include:
- requiring that the prisoner seeking such visits have a clean prison record of good behavior and no violence
- prohibiting visitation for prisoners incarcerated for child abuse or domestic violence, and
- restricting visits to prisoners in low-security prisons only.
States also regulate who is a family member. Often the visitor must have a family or blood relation, have a history of visiting the inmate in prison (or a valid reason for not doing so), and undergo a background check.
Generally, all prison visitors (whether arriving for a conjugal or another type of visit) must submit to a physical search for weapons and other contraband. Visitors may bring very few and highly regulated items into the prison. No drugs or alcohol are ever allowed, nor are cell phones or other electronic devices. There may be other restrictions, including rules about food or gifts that may be allowed or prohibited. Visitors may also be turned away if they are not wearing appropriate clothing.
Conjugal Visitation Is a Privilege, Not a Right
Conjugal visits are considered a privilege for prisoners who have exhibited good behavior during their term of incarceration. The U.S. Supreme Court and several federal courts have held that prisoners don't have a constitutional right to conjugal visits.
Prisoners and their spouses have filed lawsuits in several federal and state courts, arguing that denial of conjugal visits violates:
- the constitutional prohibition against cruel and unusual punishment
- prisoner and spousal rights to marital privacy
- the right to procreate, and
- the First Amendment right to religious freedom.
Courts in these cases have rejected all of these arguments, finding no constitutional right to a conjugal visit.
What Are the Arguments Supporting Conjugal Visits?
A prisoner who has maintained close family and spouse or partner relationships will often have a stronger community to return to upon release, making the likelihood of successful return to society greater and the draw of further criminal activity less powerful. Studies also show that prisoners allowed conjugal and family visits are less prone to violence and other misconduct while incarcerated.
And it's not just about the prisoner. Children who lose a parent to incarceration may experience the trauma of losing a primary caregiver and income provider. These children are more likely to grow up experiencing poverty and housing insecurity, plus feelings of shame and abandonment. Being a child of an incarcerated parent is recognized as an adverse childhood experience (ACE). Having a connection with a parent in prison may alleviate some of the trauma and effects of their separation.
Why Have So Many States Eliminated Conjugal Visitation or Family Visits for Prisoners?
In 1993, 17 states had conjugal visitation programs. By the 2000s, that number was down to 6, with only California, Connecticut, Mississippi, New Mexico, New York, and Washington allowing such visits. And by 2015, Mississippi and New Mexico eliminated their programs.
Most states abandoned their programs or never started them for a variety of reasons, including high costs, unwanted consequences, safety concerns, and public perception. Family or conjugal visits cost money, from maintaining the private facility to staffing and administering the program. Some unwanted consequences included unplanned pregnancies, sexually transmitted diseases, and contraband smuggling. Safety concerns and liabilities can occur anytime a prisoner is unsupervised. Finally, spending money on these programs doesn't always sit well with voters and legislators who are working within budget constraints.
Who to Contact
The laws and policies pertaining to prison visitation change regularly. If you have questions about conjugal or extended visitation privileges in your state, contact the prison authority (often called the department of corrections or rehabilitation) or consult with a lawyer experienced in the laws in your area.
