Visitations: Alabama State (DOC) Prisioners

I. GENERAL

alabama docThis Alabama Department of Correction (ADOC) Administrative Regulation (AR)
establishes the responsibilities, polices, and procedures for institutional visitation.

II. POLICY

It is the policy of the ADOC to afford visitors access to an institution in accordance
with this regulation.

III. DEFINITION(S) AND ACRONYM(S)

A. Attorney: A person trained in the law, admitted to practice before the bar of
the given jurisdiction, and authorized to advise and represent other persons in
legal proceedings. 1
B. Barred Visitor: A person that is permanently restricted from entering the
institution.
C. Black-light Procedure: Ultraviolent reflective ink used in conjunction with
a black-light to indicate visitors approved to exit the institution.
D. Child: A person under the age of nineteen (19) years of age.
E. Common-Law Wife or Husband: 2
1. The elements of a common-law spouse are:

a. Capacity (age, sanity, not married to anyone else, etc.)

1
Dictionary of Criminal Justice Terms, American Correctional Association (ACA), 1998, pg 8. 2
ADOC AR 405, Inmate Emergency Visit, Pass, and Leave Program, August 4, 2009.
ROBERT BENTLEY
GOVERNOR
KIM T. THOMAS
COMMISSIONER
2 of 24 AR 303 – August 1, 2012
b. Present agreement of consent to be husband and wife.

c. Consummation. “When the parties live in a manner
intended to bring about public recognition of their
relationship as husband and wife.” 3

2. Some factors to consider are:

a. The parties file tax returns as married.

b. The parties cohabited.

c. The parties consider themselves married, use the same
name, wear wedding rings, have joint accounts, and refer
to each other as husband and wife.

d. A common law marriage is the same legally as a
statutory or ceremonial marriage.

e. A common law marriage can be dissolved only by
annulment, divorce in court, or death.

F. Contraband: Any item not authorized by law, ADOC Administrative
Regulations, institutional policy, or approved by the Warden or Division
Director.
G. Denial: The refusal of a person to enter the institution.
H. Identification Card: Documentation used to establish the identity of an
individual, such as, government issued photograph identification; i.e. a valid
state issued driver’s license, a state issued non-drivers identification card,
military (member or dependent) issued identification card, and
immigration/naturalization identification card.
I. Immediate Family: For the purpose of this regulation, this includes:
mother, father, stepparents, foster parents, husband, wife, children,
stepchildren, grandchildren, brother, sister, grandmother, grandfather, halfsiblings,
son-in-law, daughter-in-law, mother-in-law, and father-in-law as
documented in the inmate database.
J. Legal Assistant: A legal agent of the attorney as attested to by written
authorization on the attorney’s letterhead signed by the attorney (i.e.
paralegals, law clerks, investigators, psychologists, psychiatrists, mitigation
specialists, and/or social workers).

3
http://legaldictionary.thefreedictionay.com’consummate.
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K. Legal Guardian: One who has or is entitled to the custody of the person or
property (or both) of an underage person, mental incompetent person, or
other persons legally incapable of managing his or her own affairs. 4
L. Minor Child: Visitor, under nineteen (19) years of age, who is the
immediate family member of an inmate to include biological children and
grandchildren. Adopted and step-children qualify if the relationship existed
prior to incarceration and can be verified.
M. Official Visitor: An individual from a governmental agency (i.e. Governor,
Legislator, Judge, high-ranking Law Enforcement Official), ADOC Central
Office and/or Division employees conducting business at the institution.
O. Special Inmate Visit: A visit approved by the Warden, or his/her designee,
with an immediate family member during a time other than an inmate’s
scheduled visitation period.
P Suspension: The removal of a person’s visitation privilege for a designated
period of time.
Q. Termination: The immediate removal of a person from the institution.
R. Vendor: A company or business that provides services to the institution.
S. Visitor: A person who has been granted permission to enter the institution.
1. Active (approved) Visitor: One of eight (8) persons approved on
an inmates application form to visit.

2. Inactive (ineligible) Visitor: A person that is eligible to be placed
on an inmate’s visitation list but not on his/her current active
visitation list.

T. Visitation Module: A systematically arranged collection of information
pertaining to visitors to the institution that is stored digitally for subsequent
retrieval and reporting.

U. Visitation Officer: Correctional personnel designated to oversee the
institutional visitation process.

IV. RESPONSIBILITIES

A. The Associate Commissioner of Operations shall be responsible for the
visitation policy to include barring visitors.

4
Dictionary of Criminal Justice Terms, American Correctional Association (ACA), 1998, pg 48.
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B. The Warden / Division Director / designee is responsible for:

1. The development of their institutional / divisional Standard
Operating Procedures (SOPs), as necessary, for the implementation
of AR 303, Visitation.

2. Approving and ensuring that the Visitor’s, Official Visitor’s,
Attorney’s, or Legal Assistant’s information is entered into the
Visitation Module.

3. Ensuring that the Visitor’s or Official Visitor’s information is
entered into the inmate database.

C. The Visitation Officer is responsible entering visitor data regarding the
immediate family members into the inmate database and Visitation Module.

D. All ADOC employees shall be responsible for complying with the guidelines
set forth in this regulation.

E. Inmates shall be responsible for compliance and notification to their
prospective visitor(s) of the requirements of this regulation.

V. PROCEDURES

A. Guidelines:

1. Rules pertaining to visitation hours, dress, and procedures shall be
posted in clear view and will be available upon request for
approved visitors. See Annex A, Orientation Guidelines For
Visitors and Inmates.

2. Visitation rules, policies, forms, and changes will be posted in the
law library and noted in the institutional orientation packet. In
addition the Visitation policies may be posted on bulletin boards
and institutional newsletter.

3. All visitors initially shall be visually identified against a photoidentification
card issued by a federal, state, county, or city
governmental agency.

a. The following information shall be collected: full name,
physical address (no Post Office Boxes will be accepted),
city, state, date of birth (DOB), state driver’s license
number, and phone numbers.

b. Visitors fifteen (15) years of age and older shall be
photographed and have their fingerprint scanned into the
Visitation Module.
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c. Visitor photographs shall be updated every two (2) years.

4. Visiting days and hours shall be scheduled by the Warden based
upon the number of visitors, size of the visiting area, and the
institutional security considerations.

B. Visitation Application:

1. Upon initial intake into the ADOC, an inmate shall list all
immediate family members on ADOC Form 303-F, Inmate
Immediate Family Members and return the form to the Visitation
Officer within thirty (30) days upon receipt.

2. An inmate shall complete ADOC Form 303-A, Inmate Visitation
Form for visitors to be considered to be placed on an inmate’s
active visitation list. An inmate shall have a sixty (60) day waiting
period for visitation privileges, unless approved by the Warden, or
his/her designee.

3. An inmate may update ADOC Form 303-A, Inmate Visitation
Form, to the Warden, or his/her designee, every six (6) months.
Notification of visitors approved or disapproved is the
responsibility of an inmate.

4. An inmate’s approved visitation list shall have no more than eight
(8) adult visitors active at any one time, all others will be placed on
an inmate’s inactive list. Minor children should be identified on
ADOC Form 303-A.

5. A married inmate may not have a friend of the opposite sex on
their approved ADOC Form 303-A. An unmarried inmate may
have one (1) friend of the opposite sex and one (1) friend of the
same sex on his/her approved ADOC Form 303-A. See the
following chart for the combinations of visitors:

Wife Husband Male
Friend
Female
Friend
Married Male 1 1
Unmarried Male 1 1
Married Female 1 1
Unmarried Female 1 1

6. An adult visitor must be at least nineteen (19) years of age or older
to be included on ADOC Form 303-A unless he/her is legally
married to the inmate and has proof of such marriage.

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7. ADOC Form 303-B, Request For Minor Children to Visit shall be
completed by the non-incarcerated parent or legal guardian. The
ADOC Form 303-B shall be notarized and submitted to the
Visitation Officer prior to the scheduled visit. A birth certificate or
legal document establishing an inmate’s paternity or maternity
must be provided for a minor child to be approved to visit an
inmate. Only four (4) minor children are authorized to visit an
inmate at any one (1) time.

8. An individual who is a victim of an inmate will not be approved to
visit.

9. An inmate assigned to the Community Corrections Program or
Supervised Re-Entry Program shall be prohibited from visiting an
incarcerated inmate.

10. Ex-felons, parolees and probationers may be considered after two
(2) years from the date of release.

a. The ex-felon shall be an immediate family member.

b. Parolees and probationers must have written approval
from their Parole/Probation Officer.

11. A visitor may not be approved on more that one (1) inmate’s
visiting application unless an inmate is an immediate family
member of the visitor and the relationship can be substantiated.

12. Falsification of any visitation application information shall result
in denial of the visitor to the institution.

13. A visitor may be denied due to being directly involved in an
inmate’s criminal behavior.

14. Current or former employees of the ADOC will not be allowed to
visit an inmate unless they are immediate family members and
have prior approval from the Warden.

15. Visitors must submit an initial written request to wear religious
headwear to the Wardens’ attention a minimum of thirty (30) days
prior to the scheduled visit.

a. The Warden shall verify through the Pastoral Program
Supervisor the legitimacy of the religious headwear.

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b. Upon approval, the Warden shall notify the visitor in
writing that he/she will be allowed to wear the religious
headwear into the visitation area. This religious
headwear shall be searched.

c. Upon disapproval, the Warden shall notify the visitor in
writing.

d. The Warden shall provide a copy of the letter (approval
or denial) to the Visitation Officer and a copy will be
placed in the inmate’s database. A notation will also be
made in the Visitation Module.

C. Visits:

1. Scheduled Visits:

a. A parent or legal guardian who has custody of an
inmate’s minor child may authorize an immediate family
member, who is on the active visitor list of an inmate to
accompany or supervise an inmate’s children by
submitting a notarized ADOC Form 303-B, Request for
Minor Children to Visit. The notarized form should be
submitted to the institutional Warden, or his/her
designee, prior to the scheduled visit.

b. A separate notarized ADOC Form 303-B is required for
each immediate family member who is approved to
accompany or supervise an inmate’s minor children.

c. After the Warden, or his/her designee, reviews an
inmate’s proposed ADOC Form 303-A, the names of
those persons who are approved will be entered into the
inmate database, Visitation Module, and a copy of the
approved or disapproved list will be given to an inmate
and a copy of the list will be scanned into the inmate’s
database.

d. Four (4) adults and four (4) minor children are
authorized to visit an inmate at any one (1) time.
Visitors who bring minor children to visit will be
expected to properly supervise the children so that they
do not cause disruption to the institution, staff, or other
visitors. Violations may result in the visitors being
terminated from visitation.

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2. Legal/Attorney Visits:

a. An attorney shall submit a written request to the Warden,
or his/her designee, to schedule a legal visit. The request
requires a minimum of twenty-four (24) hours
notification to be considered for approval. The written
request should include the following:

(1). The name and AIS number of the inmate(s)
and specific legal reason(s) for the visit.

(2). The date and time requested.

(3). The attorney/legal assistant(s) valid driver’s
license number and state of issue and other
identification information, to include, the bar
identification number and professional
organization license number.

(4). Any other pertinent information.

b. An attorney(s), or agents of the attorney, including
paralegal, investigators, psychologists, psychiatrists,
mitigation specialist, and or social workers will be
allowed to interview with an inmate for legal purposes
and will not be required to have a court order. The
request shall come in writing from an attorney and
include the attorney’s credentials, as indicated in section
2.a. above.

c. The attorney and legal assistant(s) will be provided a
copy of ADOC Form 303-E, Attorney/Legal Visit
Orientation Form, prior to an attorney visit. The
attorney and/or legal assistant(s) scheduled to visit an
inmate will return the signed ADOC Form 303-E to the
Warden or his/her designee. Visits will not be scheduled
prior to this form being signed, returned and approved by
the Warden, or his/her designee.

d. Any question of the validity of the visit shall be referred
to ADOC Legal and their instructions followed.

e. Prior to the visit, the attorney may request, with approval
of the Warden to leave legal documents with an inmate.
Documents being brought into the institution by
attorneys and legal assistants shall be searched in the
presence of the attorney and legal assistant.

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f. An attorney may request to bring to a visit electronic
equipment, i.e.; laptop, tape recorder, camera; materials
needed to complete a psychological evaluation.

(1). The request will be honored only in very
limited, special circumstances, with the
advanced approval of the Warden and the
ADOC General Counsel.

(2). The request must be in writing to the Warden
with a copy sent to the ADOC General
Counsel.

g. Attorneys and Legal Assistants shall go through routine
search procedures in accordance with AR 336, Searches
when entering the institution.

h. Unless specifically approved by the Warden, or his/her
designee, all meetings between attorneys and an inmate
shall be one-on-one. The Warden, or his/her designee,
shall make every reasonable effort to provide a room
where an attorney can meet confidentially with an
inmate. A meeting place shall be provided in which
others cannot reasonably overhear the discussion
between an inmate and attorney.

i. Attorney visits may be scheduled with death row inmates
simultaneously with up to three (3) different
inmates/attorneys being placed in the visitation area at
the same time. In extreme circumstances an additional
inmate may be placed on the visiting yard at the
discretion of the Warden.

j. Restraints for an inmate may be utilized at the Wardens’
discretion.

3. Clergy/Pastoral Visits:

a. A member of the clergy, who was an inmate’s pastor in
civilian life, may visit an inmate if an inmate has
submitted an Inmate Request Form to the Institutional
Chaplain and has been approved by the Warden, or
his/her designee.

(1). An inmate’s request shall be submitted in
writing at least fourteen (14) days prior to the
requested visit date.

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(2). An inmate is limited to a Clergy/Pastoral visit
once every six (6) months.

(3). The Clergy/Pastoral visit shall not exceed one
(1) hour.

b. Visiting clergy shall be responsible for complying with
the guidelines set forth in this regulation.

4. Special Visits:

a. An inmate shall submit an Inmate Request Form for a
special visit to be approved or disapproved by the
Warden, or his/her designee.

b. The request should be limited to an immediate family
member.

c. An inmate may be eligible to receive one (1) special visit
every six (6) months.

d. A special visit may be for an immediate family member
who is not on the active visitation list but lives in excess
of 500 miles away.

5. Outside Hospital Visits:

a. An inmate confined to an outside hospital may only be
allowed a visit if the attending physician states that an
inmate is in a terminal/life threatening situation and the
Warden, or his/her designee, approves the visit.

b. The visitor must be on the inmate’s active visitor list.

c. All visitors must be approved by the Warden, or his/her
designee. The Warden, or his/her designee, shall notify
in writing the hospital and contract security staff.
Approved visitors must present picture identification to
visit an inmate.

d. Approved visitors shall be required to follow established
ADOC and hospital rules and procedures.

e. Approved visitors shall not be allowed to bring any item
to the inmate visit.

f. The ADOC Correctional Officer(s)/contract security staff
shall contact the institutional Shift Commander or
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designee upon the visitor(s) arrival and departure. The
visitor(s) name, arrival time and departure time shall be
entered into the shift log and forwarded to the visitation
officer/designee for entry into the Visitation Module.

6. Institutional Health Care Unit:

a. An inmate in the institutional health care unit with input
from the health care provider may be allowed visitor(s)
from the inmate’s active visitor list.

b. The Warden, or his/her designee, shall approve the date
and time for the visit.

D. General Visitation Procedures:

1. Each visitor shall be identified by his/her finger scan and
identification card. The visitation officer/designee will require all
visitors to sign in and out on ADOC Form 303-C, Visitor Register,
and will log the date and time of the visit. The register shall be
dated and signed by the visitation officer/designee.

2. Visitors may be required to walk through a metal detector or
screened with a hand-held detector.

3. Upon entry to an institution, ultraviolet ink shall be applied on the
back of the hand of all approved visitors. A different design shall
be used each day. A black-light shall be utilized to verify that the
ink was applied correctly. A black-light shall be utilized to verify
only visitors that are exiting the institution.

4. Inmates and visitors shall be searched prior to entering the
visitation area to prevent contraband from entering the institution
in accordance with AR 336, Searches and contraband will be
disposed of in accordance with AR 306, Disposal of Contraband.

a. In accordance with AR 336, Searches, no cross gender
searches will be conducted.

b. Minor children shall be searched in the presence of their
parent or legal guardian.

5. If there is reasonable suspicion that the visitor is carrying
contraband, an unclothed search may be undertaken in accordance
with AR 336, Searches. The unclothed search shall be authorized
by the Warden. An ADOC Form 303-D, Visitor Unclothed Search
Authorization, shall be completed prior to the search.

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a. If a visitor refuses to be searched, he or she shall be
denied entry into the institution. The visitor may be
barred.

b. If contraband is found in the possession of a visitor the
contraband shall be confiscated and disposed of in
accordance with AR 306. The visitor may be detained
for questioning by the Warden, his/her designee, or I&I
Investigator.

c. The on-call I&I Investigator shall be notified.

d. An ADOC Form 302-C, Duty Officer Report and ADOC
Form 302-A, Incident Report shall be completed.

6. If a visitor appears to be under the influence of an intoxicant he or
she shall be denied entry into the institution.

7. If a visitor refuses to comply with visitation rules and procedures
he or she shall be removed from the visiting area or institution.

8. Each adult visitor may be allowed to bring no more than $20.00 for
the vending machine(s).

9. An inmate shall be frisk searched prior to entering the visitation
area.

10. An inmate is NOT permitted to carry any item from the visitation
area.

11. An inmate shall be stripped searched prior to exiting the visitation
area.

12. An inmate housed in administrative segregation may be allowed
visits in accordance with AR 433, Administrative Segregation.

13. An inmate housed in disciplinary segregation shall not be allowed
visits in accordance with AR 434, Disciplinary Segregation, except
with an attorney.

E. Denial, Termination, Suspension and Barred:

1. Denial.

a. A visit may be denied, with the approval of the Shift
Commander, because of institutional or visitation rule
violation(s).

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b. Security personnel shall initiate an incident report in
accordance with AR 302, Incident Reporting.

c. The Warden shall review the incident to determine if
further action is required.

d. If upon further review, the Warden shall provide a
written notice to the visitor that they have been
suspended from entering ALL ADOC institutions. A
copy shall be scanned into the inmate’s database and a
copy shall be provided to the inmate.

2. Termination.

a. A visit may be terminated, with approval of the Warden,
or his/her designee, because of institutional or visitation
rule violation(s) by an inmate or visitor.

b. Security personnel shall enter the termination in the
Visitation Module.

c. Security personnel shall initiate an incident report in
accordance with AR 302, Incident Reporting.

d. The Warden shall review the incident to determine if
further action is required.

3. Suspension.

a. The Warden may suspend visitation privileges, after
review of ADOC Form 302-A, Incident Report, for a
period of up to six (6) months for institutional or
visitation rule violation(s).

b. The Warden, or his/her designee, shall enter the period of
suspension into the Visitation Module.

c. The Warden shall provide a written notice to the inmate,
visitor, and visitation staff of suspended visitation
privileges.

d. The suspended visitor may apply in writing to the
Warden for reinstatement after the suspension period has
ended.

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4. Barred.

a. A visitor may be barred for a period of more than six (6)
months to an indefinite length of time for serious and/or
repeated infraction(s) such as, but not be limited to:

(1). Assaultive/disruptive behavior.

(2). Illegal drugs or possession of unauthorized
drugs.

(3). Possession of firearms/weapons on state
property.

(4). Repeated violation(s) of institutional or
visitation rules.

b. The Warden will review the ADOC Form 302-A,
Incident Report and submit his or her recommendation
for permanent barring utilizing the Visitation Module to
the Associate Commissioner of Operations.

c. The Associate Commissioner of Operations shall
approve or disapprove, utilizing the Visitation Module,
the Warden’s recommendation for barring a visitor.

d. The Warden shall provide a written notice to the visitor
that they have been barred from entering ALL ADOC
institutions. A copy shall be scanned into the inmate’s
database and a copy shall be provided to the inmate.

F. Official Visitors.

1. These visits will be approved and coordinated by the Warden, or
his/her designee, through the Public Information Officer,
Institutional Coordinator and the Associate Commissioner of
Operations as appropriate.

2. In the event of an unannounced or unscheduled visit by an official
visitor, the Public Information Officer, Institutional Coordinator,
and the Associate Commissioner of Operations shall be notified
immediately.

3. ADOC employees visiting institutions from other divisions (i.e.
Central Office, Legal, etc.) may be required to walk through metal
detectors and or hand-held devices. These employees will not be
subject to search unless there is a security operation in progress
and everyone entering the institution that day is being searched.
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VI. DISPOSITION

Any forms used will be disposed of and retained according to the Departmental
Records Disposition Authority (RDA).

VII. FORMS

A. ADOC Form 303-A, Inmate Visitation Form.

B. ADOC Form 303-B, Request for Minor Children to Visit.

C. ADOC Form 303-C, Visitor Register.

D. ADOC Form 303-D, Visitor Unclothed Search Authorization.

E. ADOC Form 303-E, Attorney/Legal Visit Orientation Form.

F. ADOC Form 303-F, Inmate Immediate Family Members.

VIII. SUPERCEDES

A. This regulation supercedes AR 303, Visitation dated March 23, 2006 and any
changes.

IX. PERFORMANCE

A. Code of Alabama 1975 as amended, Sections 14-1-1.1, 14-2-1.

B. ADOC AR 302, Incident Reporting.

C. ADOC AR 306, Disposal of Contraband.

D. ADOC AR 336, Searches.

E. ADOC AR 433, Administrative Segregation.

F. ADOC AR 434, Disciplinary Segregation

G. Dictionary of Criminal Justice Terms, American Correctional Association
(ACA), Lanham, Maryland, 1998, pg 8.

H. Black’s Law Dictionary, Eighth Edition.

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Annex(s):

A. Orientation Guidelines for Visitors and Inmates.