§ 12-29-802 — Family considerations in inmate placement and visitation

(a) (1) To the greatest extent possible, after accounting for security and capacity factors, the Department of Corrections shall place an inmate who is a parent of one (1) or more minor children within two hundred fifty (250) miles of the inmate's permanent address of record. (2) An inmate's parentage of a minor child shall be evidenced by birth certificate or court order. (b) The Secretary of the Department of Corrections shall adopt rules authorizing the visitation of an inmate who is a parent of one (1) or more minor children and who has a low or minimum-security classification with his or her minor children under the following minimum requirements: (1) Ensure opportunities for the minor children to attend in-person visitation with their incarcerated parent at least one (1) time per week unless the department has a reasonable belief that the visitation poses a risk to the safety of the minor child or the security and good order of the facility; (2) Eliminate any restrictions on the number of minor children that are permitted visitation privileges with an inmate; (3) Authorize contact visits for an inmate who is a parent of one (1) or more minor children unless the department has a reasonable belief that contact visitation poses a risk to the safety of the minor child or the security and good order of the facility; (4) Eliminate any restrictions on the number of days on which an inmate may conduct video visitation with a minor child unless restrictions are necessary to maintain the security and good order of the facility; and (5) Require restrictions on an inmate's visitation with his or her minor children as a disciplinary measure to be subject to a higher level of review than restrictions on visitation with other individuals.

Legislative History

Added by Act 2023, No. 659,§ 112, eff. 1/1/2024.