6.5 Visiting Pursuant to Section 1374

 

Chapter 6
Section 6.5
Subject 6.5 Visiting Pursuant to Section 1374
Effective Date 1/18/2024

6.5 Visiting Pursuant to Section 1374

  1. The facility administrator shall develop and implement written policies and procedures for visiting that include provisions for special visits.
  2.   Youth shall be allowed to receive visits by parents, guardians or persons standing in loco parentis, (such as grandparents, siblings and supportive adults), and children of the youth at reasonable times, subject only to the limitations necessary to maintain order and security, with the approval of the SDPO.  
  3. Opportunity for visitation shall be a minimum of two hours per week.  Visits may be supervised, but conversations shall not be monitored unless there is a security or safety need.
  4. Detained youth who are parents, have involvement in their youth’s care and are authorized for telephone communication shall be given opportunities for meaningful contact with their youth/youth and youth/youth’s caregiver.  “Meaningful contact” is defined as contact visits pursuant to the facility’s visiting policy. 
  5. Guidelines: The benefits of an appropriate visiting policy include reduced tension, a healthy emotional climate, improved youth and staff morale, a more effective use of staff as well as less crowding, confusion and aggravation during visiting times.
    1. Visitation should be encouraged since strong family and community ties increase the probability of success for a youth after release.  There should be balance between the needs of the youth and the security of the institution.
    2. The location for visiting within the facility should be consistent with overall security requirements.  The use of devices that prevent physical contact should be avoided, except in instances of security risk.
    3. Youth in the San Luis Obispo County Juvenile Hall are entitled to a minimum of two one hour scheduled visits per week.  There will be no maximum number as this depends on the number of youth in the Hall, time, space to visit, institutional safety and normal operations of the institution.
  6. Authorized - approved visitors:
    1. Parents/guardians or persons standing in loco parentis
    2. Attorneys - are not required to schedule a visit time prior to court.
    3. Clergy - may be scheduled outside of scheduled visit times.
    4. Other family members, such as grandparents and siblings, spouses and supportive adults, may be allowed to visit with the approval of the facility administrator or designee, and in conjunction with the youth’s case plan or in the best interest of the youth.  
  7. Approving Visitors:  Visitation shall not be denied solely based on the visitor’s criminal history.  The staff shall determine in each case, whether the visitor’s criminal history represents a risk to the safety of youth or staff in the facility. Any denial of visitation or limitation on visitations shall be communicated to the youth, person denied, and superintendent.
    1. All approved visitors to youth are subject to a CJIS and Monitor check.
    2. All approved visitors from out of county will be subjected to a clearance from their home county.
    3. Pre-approved visitors cannot be denied access to a youth unless they pose a safety and security risk to the institution.
    4. Denial of access will be made by the on duty JSOIII/Supervisor, and documented in an Incident Report. 
    5. All approved visitors will be recorded and initialed by the JSOIII/Supervisor or Control JSO, as directed in the booking file on the Visitors Log Sheet.  
    6. Denied visitors will have name and date of birth recorded by the JSOIII/Supervisor in red in the booking file on the Contact Notes.  
    7. All visits by approved visitors must be scheduled in advance with the Control JSO, who records it on the visit calendar.  The Control JSO will record specifically who will visit.
    8. If a pre-approved visitor requests a visit and is not scheduled, approval will be at the discretion of the JSOIII/Supervisor.
  8. Individuals Not Pre-approved
    1. Individuals requesting a visit that is unknown to the Probation Department will be directed to call the youth’s parent/guardian, instruct parent/guardian to contact the youth’s probation officer for approval.  
    2. Staff will check the CJIS and Monitor status.
    3. If approved by the DPO, they will email JH with the name of the approved person.
    4. If visitation is denied, the name will be written in red on the Contact Notes with a brief explanation, and the requesting parties will be notified.
    5. If a non-approved visitor without a scheduled visit requests a visit, a CJIS and Monitor check will be completed, and approval will be approved/denied by the on-duty JSOIII/Supervisor.
    6.  JSOIII/Supervisor will assess the authorization of a visitor each time the youth is booked into custody, (i.e., only blank visitor sheets can be pulled forward).
  9. Visitations:  If the Supervising Deputy Probation Officer knows or is suspicious of any security concerns with regards to a visitor, they will notify JSC.  This information will be considered by the JSO prior to allowing/denying a visit.  Visits can be longer than prescribed if time and circumstances permit and if approved by a supervisor or shift leader.
    1. Visits are by appointment only unless there is an immediate need and the rest of the program is not adversely affected.  Exceptions are for those who have a short visit after a court hearing.
    2. The JSO, on-duty JSOIII/Supervisor, prior to visitation shall check all visitors allowed into the Juvenile Hall through the CJIS and Monitor systems. PC 260(d) indicates that current probationers, parolee’s and/or any person convicted of a felony must have prior permission of the Facility Manager before entering facility grounds.  
    3. Any visitor who is found to have an active warrant shall not be allowed into Juvenile Hall until the warrant has been cleared.
    4. Staff may request identification from any and all visitors and deny access to anyone who falsely identifies him/herself.
    5. No letter, writing, literature or reading material shall be given to any youth or taken from a youth by a visitor without permission of the on-duty JSO III or Supervisor.
    6. Although visitation is a requirement, visits may be limited or canceled due to the immediate behavior of the youth.  Specific situations include, but are not limited to, overt risk to security because of the youth’s mental or emotional state, previous volatile visits and/or recent unresolved outbursts by the youth.
    7. In order to ensure the security of the facility and the safety of visitors, visits may be postponed with or without prior notice.  Such procedure should occur only because of exceptional conditions within the facility.
    8. Visitors who have been drinking or appear to be under the influence of a drug shall be excluded from any visits.  If the suspected person is driving, they are to be informed that the Sheriff’s Department and/or California Highway Patrol will be notified if they attempt to drive away from the facility.  Instead of leaving, the person will be asked to contact someone to pick them up.
    9. Should any visitor be caught or suspected of bringing contraband into the facility, the on-call Supervisor or Chief Deputy shall be notified immediately for consultation and guidance.
    10. A Supervisor or JSO III may direct that a visit be supervised with the visiting room door open and an Officer standing outside (indirect), or with the Officer directly in the room (direct), at the direction of the JSO III or Supervisor, based upon safety concerns.  The decision for a directly or indirectly supervised visit shall be documented with an Incident Report. 
    11. Provisions for special visits, in addition to the two-hour minimum and/or outside of the regular visiting hours, shall be accommodated as necessary and within the discretion of the facility administrator or designee. Family therapy and professional visits shall be accommodated outside the provisions of this regulation. Facilities may provide visitation opportunities outside of normal visiting hours to accommodate special visits.
    12.  The facility may provide access to technology as an alternative, but not as a replacement, to in person visiting.