New York Civil Rights And Criminal Defense Lawyers

Examining a prisoner’s visitation rights

On Behalf of | Friday Sep 21, 2018 | Prisoner's Rights

If you are convicted of a crime, you likely want to know if you will be able to accept visitors once you are sentenced and sent off to prison. This is a common worry for prisoners, especially those who have never been to prison in the past. For some, depending on where they are sent, prison visits might not be permitted. Let’s take a look at a prisoner’s visitation rights.

Individual prisons are allowed to place restrictions on visitations for prisoners and these restrictions do not violate the United States Constitution, according to the American Civil Liberties Union (ACLU). The Supreme Court has never ruled that prisoners have zero rights when it comes to visitation but has taken firm stances on child visitation in the past due to the smuggling of contraband into the prisons.

Prisons are also permitted to create their own rules when it comes to restricting the time of visits, the place for visits and how the visits can occur. Prisons are typically permitted by the Supreme Court to determine whether or not the situation is safe for visits to occur.

It might be necessary for visitors to seek prior approval before visiting someone they know in prison. Prisoners are allowed to entertain visits from their attorneys and their clergy members, but the prison has the final say as to how and where these visits take place.

A prisoner’s rights are limited but not completely taken away once behind bars. The best thing you can do for yourself is to look into the rules regarding visitation for prisoners prior to asking a family member, friend, lawyer or member of the clergy to come visit you.