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Conjugal Visit Laws by State 2024

California refers to these visits as contact visits. Conjugal visits have had a notorious past recently in the United States , as they were often not allowed to see their family unless it was for brief contact or to speak with them on the phone. Conjugal visits began as a way for an incarcerated partner to spend private time with their domestic partner, spouse, or life partner. Historically, these were granted as a result of mental health as well as some rights that have since been argued in court. For example, cases have gone to the Supreme Court which have been filed as visits being considered privileges instead of rights.

The right to procreate, religious freedom, marital privacy and to abstain from cruel and unusual punishment has been brought up and observed by the court. Of course, married spouses can't procreate if one is incarcerated, and this has been a topic of hot debate in the legal community for years. Although the rules have since been relaxed to allow more private time with one's family, especially to incentivize good behavior and rehabilitation, it is still a controversy within social parameters.

In 1993, only 17 states had conjugal visit programs, which went down to 6 in 2000. By 2015, almost all states had eliminated the need for these programs in favor of more progressive values. California was one of the first to create a program based around contact visits, which allows the inmate time with their family instead of "private time" with their spouses as a means of forced love or procreation.

Washington and Connecticut

Connecticut and Washington have similar programs within their prison systems, referring to conjugal visits as extended family visits. Of course, the focus has been to take the stigma away from conjugal visits as a means of procreation, a short time, and a privilege as a result of good behavior. Extended family visits are much more wholesome and inclusive, giving relatively ample time to connect with one's family, regardless if they have a partner or not. Inmates can see their children, parents, cousins, or anyone who is deemed to have been, and still is, close to the prisoner.

Of course, there are proponents of this system that say this aids rehabilitation in favor of being good role models for their children or younger siblings. Others feel if someone has committed a heinous crime, their rights should be fully stripped away to severely punish their behavior.

On a cheerier note, New York has named its program the "family reunion program", which is an apt name for the state that holds the largest city in America by volume, New York City. NYC's finest have always had their handful of many different issues, including organized crime. The authorities are seeking a larger change in the incarceration system and want to adopt a stance that focuses more on the rehabilitation of the inmate that shows signs of regret, instead of severe punishment for punishment's sake.

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9 Arresting Facts About Conjugal Visits

By suzanne raga | sep 6, 2015.

They're not nearly as common as pop culture might lead you to believe.

1. ONLY FOUR STATES STILL ALLOW CONJUGAL VISITS.

In the United States, conjugal visits occur only in state prisons, not federal prisons. In the early 1990s, 17 states had active conjugal visit programs. As of 2015, though, California, New York, Connecticut, and Washington are the only states that still allow conjugal visits . Two other states that recently had conjugal visit policies in place— Mississippi and New Mexico—stopped allowing the visits as of February 1, 2014 and May 1, 2014, respectively.

2. THE PHRASE "CONJUGAL VISIT" IS ACTUALLY A MISNOMER.

Today, conjugal visits are called extended family visits (or, alternately, family reunion visits). The official reason for these extended family visits is three-fold: to maintain a connection between the prisoner and his family, to reduce recidivism , and to provide an incentive for good behavior. States no longer use the phrase “conjugal visit” to emphasize the program’s inclusion of all family members, rather than just the prisoner’s spouse/partner.

3. LIKE HOTELS, PRISONS THAT FACILITATE EXTENDED FAMILY VISITS PROVIDE TOILETRIES FOR THEIR GUESTS.

In the United States, prisons have special facilities (cabins, trailers, or apartment-style housing) dedicated just to extended family visits. Some prisons provide towels, sheets, toiletries, condoms, and lube to their inmates. Other prisons provide two-bedroom apartments with a living and dining room, DVD player, TV, and games like Jenga and dominoes. Depending on the state and the specific prison’s rules, visitors may be allowed to bring groceries and prepared food to the visit.

4. BOTH PRISONERS & THEIR VISITORS MUST FULFILL CERTAIN REQUIREMENTS TO GET PERMISSION FOR A VISIT.

The specific rules pertaining to extended family visits vary from state to state. Most visits in California, Connecticut, New York, and Washington occur only in minimum to medium security prisons, and inmates must have a record of good behavior and a record of clean health. A spouse who visits their husband/wife inmate must pass a background check, body search, and be registered with the prison’s visitor list.

5. CONJUGAL VISITS ORIGINATED IN MISSISSIPPI NEARLY 100 YEARS AGO.

In 1918, the first conjugal visits occurred at a labor camp called Parchman Farm (also called Mississippi State Penitentiary). The warden, James Parchman, wanted to encourage the African-American male prisoners to work harder, so he paid prostitutes to come and have sex with the inmates each Sunday. In the 1930s, Parchman Farm began letting white male prisoners engage in this program, and female inmates were invited to participate in 1972.

6. PRISONERS IN INDIA HAVE THE LEGAL RIGHT, NOT PRIVILEGE, TO BEAR CHILDREN.

In 2015, India’s government passed legislation stating that conjugal visits are a right , not a privilege, for married inmates. These inmates are also entitled, if they wish, to give their sperm to their spouse for artificial insemination. Interestingly, in 2014, prison officials in New Mexico cited the birth of children to fathers who were incarcerated as a big contributing factor (besides economic reasons) to end conjugal visits in the state.

7. PRISONS IN SAUDI ARABIA ARE SURPRISINGLY (ABSURDLY!) LIBERAL, LAX, & GENEROUS.

In Saudi Arabia, male inmates can have one conjugal visit each month. But that rule applies to each spouse, so men with multiple wives can have multiple visits each month! The Saudi government helps inmates’ families with money each month for housing, food, and education, and the government also pays for the travel (airfare and hotel) expenses that inmates’ family members incur to visit the prison. And, if the prisoner wants to attend a family wedding or funeral, he's given up to $2600 to give as a gift . The Washington Post reported that the Saudi government spent $35 million on these prisoner perks in 2014.

8. IN 2010, A GERMAN PRISONER USED HIS UNSUPERVISED CONJUGAL VISIT TO MURDER HIS VISITOR.

In April 2010, a 50-year-old inmate killed his 46-year-old girlfriend during a conjugal visit in a German prison. After sending him letters in prison, she became his girlfriend and participated regularly in six-hour unsupervised visits with him. The inmate, Klaus-Dieter H., had been imprisoned for nearly two decades for the rape and murder of a child. Unfortunately, he stabbed his girlfriend with a steak knife and strangled her during one of those visits. Because this incident came on the heels of a few other instances of slack security at German prisons (including prisoner beatings and escapes), many outraged Germans criticized prison authorities and the justice minister, Roswitha Müller-Piepenkötter. Ultimately, German prisons beefed up security and implemented stricter rules for conjugal visits, increasing the restrictions on which prisoners are allowed to have the visits.

9. BRAZIL'S CONJUGAL VISIT POLICY IS QUITE SEXIST.

In Brazil, both straight and gay male inmates can receive visitors , but female inmates rarely get the privilege of participating in conjugal visits. Unfortunately, discriminatory policies are probably the least of the female inmates’ worries: Brazil’s prison cells are overcrowded, filthy, unsanitary, and dangerous. Women in prison who are pregnant do not have access to medical care, and many female inmates are confined to isolation units without cause.

How Do Conjugal Visits Work?

Maintaining close ties with loved ones while doing time can increase the chances of a successful reentry program. Although several studies back this conclusion, it’s widely logical.

While the conjugal visits concept sounds commendable, there’s an increasing call to scrap the scheme, particularly across US states. This campaign has frustrated many states out of the program, leaving only a handful. Back in 1993, 17 US states recognized conjugal visits. Today, in 2020, only four do.

The conjugal visit was first practiced in Mississippi. The state, then, brought in prostitutes for inmates. The program continued until 2014. The scrap provoked massive protests from different right groups and prisoners’ families. The protesters sought a continuance of the program, which they said had so far helped sustain family bonds and inmate’s general attitude to life-after-jail.

New Mexico, the last to scrap the concept, did so after a convicted murderer impregnated four different women in prison. If these visits look as cool as many theories postulate, why the anti-conjugal-visit campaigns in countries like the US?

This article provides an in-depth guide on how conjugal visits work, states that allow conjugal visits, its historical background, arguments for and against the scheme, and what a conjugal visit entails in reality.

What Is a Conjugal Visit?

A conjugal visit is a popular practice that allows inmates to spend time alone with their loved one(s), particularly a significant other, while incarcerated. By implication, and candidly, conjugal visits afford prisoners an opportunity to, among other things, engage their significant other sexually.

However, in actual content, such visits go beyond just sex. Most eligible prisoners do not even consider intimacy during such visits. In many cases, it’s all about ‘hosting’ family members and sustaining family bonds while they serve time. In fact, in some jurisdictions, New York, for example, spouses are not involved in more than half of such visits. But how did it all start?

History of Conjugal Visits

Conjugal visits origin dates back to the early 20 th century, in the then Parchman Farm – presently, Mississippi State Penitentiary. Back then, ‘qualified’ male prisoners were allowed to enjoy intimacy with prostitutes, primarily as a reward for hard work.

While underperforming prisoners were beaten, the well-behaved were rewarded in different forms, including a sex worker’s company. On their off-days, Sunday, a vehicle-load of women were brought into the facility and offered to the best behaved. The policy was soon reviewed, substituting prostitutes for inmates’ wives or girlfriends, as they wished.

The handwork-for-sex concept recorded tremendous success, and over time, about a quarter of the entire US states had introduced the practice. In no time, many other countries copied the initiative for their prisons.

Although the United States is gradually phasing out conjugal visits, the practice still holds in many countries. In Canada, for instance, “extended family visits” – a newly branded phrase for conjugal visits – permits prisoners up to 72 hours alone with their loved ones, once in few months. Close family ties and, in a few cases, friends are allowed to time alone with a prisoner. Items, like foods, used during the visit are provided by the visitors or the host – the inmate.

Over to Asia, Saudi Arabia is, arguably, one of the most generous countries when it comes to conjugal visits. Over there, inmates are allowed intimacy once monthly. Convicts with multiple wives get access to all their wives – one wife, monthly. Even more, the government foots traveling experiences for the visitors.

Conjugal visits do not exist in Great Britain. However, in some instances, prisoners incarcerated for a long period may qualify to embark on a ‘family leave’ for a short duration. This is applicable mainly for inmates whose records suggest a low risk of committing crimes outside the facility.

This practice is designed to reconnect the inmates to the real world outside the prison walls before their release . Inmates leverage on this privilege not just to reconnect with friends and family, but to also search for jobs , accommodation, and more, setting the pace for their reintegration.

Back to US history, the family visit initiative soon began to decline from around the ’80s. Now, conjugal visits only exist in California, New York, Connecticut, and Washington.

Is the Increasing Cancellation Justifiable?

The conjugal visit initiative cancellation, despite promising results, was reportedly tied around public opinion. Around the ’90s, increasing pressure mounted against the practice.

One of the arguments was that convicts are sent to jail as a punishment, not for pleasure. They fail to understand that certain convictions – such as convictions for violent crimes – do not qualify for conjugal visit programs.

The anti-conjugal visit campaigners claim the practice encouraged an increase in babies fathered by inmates. There are, however, no data to substantiate such claims. Besides, inmates are usually given free contraceptives during the family visits.

Another widely touted justification, which seems the strongest, is the high running cost. Until New Mexico recently scraped the conjugal visit scheme, they had spent an average of approximately $120,000 annually. While this may sound like a lot, what then can we say of the approximately $35,540 spent annually on each inmate in federal facilities?

If the total cost of running the state’s conjugal visit program was but equivalent to the cost of keeping three inmates behind bars, then, perhaps, the scrap had some political undertones, not entirely running cost, as purported.

Besides, an old study on the population of New York’s inmates postulates that prisoners who kept ties with loved ones were about 70 percent less likely – compared to their counterparts who had no such privilege – to become repeat offenders within three years after release.

Conjugal Visit State-by-State Rules

The activities surrounding conjugal visits are widely similar across jurisdictions. That said, the different states have individual requirements for family visitation:

California: If you’re visiting a loved one in a correctional facility in California, among other rules , be ready for a once-in-four-hours search.

Connecticut : To qualify, prisoners must not be below level 4 in close custody. Close custody levels – usually on a 1-to-5 scale – measures the extent to which correctional officers monitor inmates’ day-to-day activities.

Also, inmates should not be on restriction, must not be a gang member, and must have no records of disciplinary offenses in Classes A or B in the past year. Besides, spouse-only visits are prohibited; an eligible member of the family must be involved.

New York : Unlike Connecticut and Washington, New York’s conjugal visit rules –  as with California’s – allow same-sex partners, however, not without marriage proof.

Washington : Washington is comparatively strict about her conjugal visit requirements . It enlists several crimes as basis for disqualifying inmates from enjoying such privileges. Besides, inmates must proof active involvement in a reintegration/rehabilitation scheme and must have served a minimum time, among others, to qualify. 

However, the rule allows joint visits, where two relatives are in the same facility. Visit duration varies widely – between six hours to three days. The prison supervisor calls the shots on a case-to-case basis.

As with inmates, their visitors also have their share of eligibility requirements to satisfy for an extended family visit. For instance, visitors with pending criminal records may not qualify.

As complicated as the requirements seem, it can even get a bit more complex. For instance, there is usually a great deal of paperwork, background checks, and close supervision. Understandably, these are but to guide against anything implicating. Touchingly, the prisoners’ quests are simple. They only want to reconnect with those who give them happiness, love, and, importantly, hope for a good life outside the bars.

Conjugal Visits: A Typical Experience

Perhaps you’ve watched pretty similar practices in movies. But it’s entirely a different ball game in the real world. Besides that movies make the romantic visits seem like a trend presently, those in-prison sex scenes are not exactly what it is in reality.

How, then, does it work there? As mentioned, jurisdictions that still allow “extended family visits” may not grant the same to the following:

• Persons with questionable “prison behavior”
• Sex crime-related convicts
• Domestic violence convicts
• Convicts with a life sentence

Depending on the state, the visit duration lasts from one hour to up to 72 hours. Such visits can happen as frequently as once monthly, once a couple of months, or once in a year. The ‘meetings’ happen in small apartments, trailers, and related facilities designed specifically for the program.

In Connecticut, for example, the MacDougall-Walker correctional facility features structures designed to mimic typical home designs. For instance, the apartments each feature a living room with games, television, and DVD player. Over at Washington, only G-rated videos, that’s one considered suitable for general viewers, are allowed for family view in the conjugal facilities.

The kitchens are usually in good shape, and they permit both fresh and pre-cooked items. During an extended family visit in California, prisoners and their visitors are inspected at four-hour intervals, both night and day, till the visit ends.

Before the program was scrapped in New Mexico, correctional institutions filed-in inmates, and their visitors went through a thorough search. Following a stripped search, inmates were compelled to take a urine drug/alcohol test.

Better Understanding Conjugal Visits

Conjugal visits are designed to keep family ties.

New York’s term for the scheme – Family Reunion Program (FRP) – seems to explain its purpose better. For emphasis, the “R” means reunion, not reproduction, as the movies make it seem.

While sexual activities may be partly allowed, it’s primarily meant to bring a semblance of a typical family setting to inmates. Besides reunion, such schemes are designed to act as incentives to encourage inmates to be on their best behavior and comply with prison regulations.

Don’t Expect So Much Comf ort

As mentioned, an extended family visit happens in specially constructed cabins, trailers, or apartments. Too often, these spaces are half-occupied with supplies like soap, linens, condoms, etc. Such accommodations usually feature two bedrooms and a living room with basic games. While these provisions try to mimic a typical home, you shouldn’t expect so much comfort, and of course, remember your cell room is just across your entrance door.

Inmates Are Strip-Searched

Typically, prisoners are stripped in and out and often tested for drugs . In New York, for example, inmates who come out dirty on alcohol and drug tests get banned from the conjugal visit scheme for a year. While visitors are not stripped, they go through a metal detector.

Inmates Do Not Have All-time Privacy

The prison personnel carries out routine checks, during which everyone in the room comes out for count and search. Again, the officer may obstruct the visit when they need to administer medications as necessary.

Conjugal Visits FAQ

Are conjugal visits allowed in the federal prison system?

No, currently, extended family visits are recognized in only four states across the United States –  Washington, New York, Connecticut, and California.

What are the eligibility criteria?

First, conjugal visits are only allowed in a medium or lesser-security correctional facility. While each state has unique rules, commonly, inmates apply for such visits. Prisoners with recent records of reoccurring infractions like swearing and fighting may be ineligible.

To qualify, inmates must undergo and pass screenings, as deemed appropriate by the prison authority. Again, for instance, California rules say only legally married prisoners’ requests are granted.

Are gay partners allowed for conjugal visits?

Yes, but it varies across states. California and New York allow same-sex partners on conjugal visits. However, couples must have proof of legal marriage.

Are conjugal visits only done in the US?

No, although the practice began in the US, Mississippi precisely, other countries have adopted similar practices. Saudi Arabia, Brazil, Venezuela, Colombia, and Canada, for example, are more lenient about extended family visits.

Brazil and Venezuela’s prison facilities, for example, allow weekly ‘rendezvous.’ In Columbia, such ‘visits’ are a routine, where as many as 3,500 women troop in weekly for intimacy with their spouses. However, Northern Ireland and Britain are entirely against any form of conjugal programs. Although Germany allows extended family visits, the protocols became unbearably tight after an inmate killed his supposed spouse during one of such visits in 2010.

Benefits of Conjugal Visits

Once a normal aspect of the prison system, conjugal visits and the moments that prisoners have with their families are now an indulgence to only a few prisoners in the system. Many prison officials cite huge costs and no indications of reduced recidivism rates among reasons for its prohibition.

Documentations , on the other hand, say conjugal visits dramatically curb recidivism and sexual assaults in prisons. As mentioned earlier, only four states allow conjugal visits. However, research shows that these social calls could prove beneficial to correctional services.

A review by social scientists at the Florida International University in 2012 concludes that conjugal visits have several advantages. One of such reveals that prisons that allowed conjugal visits had lower rape cases and sexual assaults than those where conjugal visits were proscribed. They deduced that sex crime in the prison system is a means of sexual gratification and not a crime of power. To reduce these offenses, they advocated for conjugal visitation across state systems.

Secondly, they determined that these visits serve as a means of continuity for couples with a spouse is in prison. Conjugal visits can strengthen family ties and improve marriage functionality since it helps to maintain the intimacy between husband and wife.

Also, it helps to induce positive attitudes in the inmates, aid the rehabilitation process, and enable the prisoner to function appropriately when reintroduced back to society. Similarly, they add that since it encourages the one-person-one partner practice, it’ll help decrease the spread of HIV. These FIU researchers recommend that more states should allow conjugal visits.

Another study by Yale students in 2012 corroborated the findings of the FIU researchers, and the research suggests that conjugal visits decrease sexual violence in prisons and induces ethical conduct in inmates who desire to spend time with their families.

Expectedly, those allowed to enjoy extended family visits are a lot happier. Besides, they tend to maintain the best behaviors within the facility so that they don’t ruin their chances of the next meeting.

Also, according to experts, visitations can drop the rate of repeat prisoners, thus making the prison system cost-effective for state administrators. An academic with the UCLA explained that if prisoners continue to keep in touch with their families, they live daily with the knowledge that life exists outside the prison walls, and they can look forward to it. Therefore, these family ties keep them in line with society’s laws. It can be viewed as a law-breaking deterrence initiative.

For emphasis, conjugal visits, better termed extended family visits, are more than for sex, as it seems. It’s about maintaining family ties, primarily. The fact is, away from the movies, spouse-alone visits are surprisingly low, if at all allowed by most states’ regulations. Extended family visits create healthy relationships between prisoners and the world outside the bars. It builds a healthy start-point for an effective reentry process, helping inmates feel hope for a good life outside jail .

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This couple wants you to know that conjugal visits are only legal in 4 states

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Editor's note: This story was co-written by inside-outside couple Steve Higginbotham and Jordana Rosenfeld, weaving together Jordana's personal experience and reporting with letters from Steve. Together, they examine popular myths around conjugal visits, their decreasing availability, and the punitive logic behind the state's policing of sex and intimacy that stifles relationships like theirs.   Jordana's words appear below in the orange boxes on the right; Steve's are in the purple on the left.

The other day, when I told my grandmother I was researching the history of conjugal visits for an essay, she said, "Oh, like in my stories?" 

You can't talk about conjugal visits without talking about television, because television is pretty much the only place where conjugal visits still exist. A wide variety of TV shows either joke about or dramatize conjugal visits, from popular sitcoms that have little to nothing to do with prison life, like The Simpsons , Family Guy , and Seinfeld, to prestige dramas like Prison Break and Oz that purport to offer "gritty" and "realistic" prison tales. Conjugals loom large in public imagination about life in prison, which leaves people under the unfortunate impression that they are in any kind of way widespread or accessible.

Their availability has been in steady decline for more than 25 years. The mid-to-late 1990s are the often-cited high point of conjugal visits , with 17 states offering some kind of program. (Federal and maximum security prisons do not allow conjugals.) This means that at their most widespread, conjugal visits were only ever permitted in one-third of all states. 

There are only four U.S. states that currently allow conjugal visits, often called "extended" or "family" visits: California, Connecticut, New York, and Washington. Some people say Connecticut's program doesn't count though, when it comes to conjugals—and the Connecticut Department of Corrections agrees. Their family visit program is explicitly intended for the benefit of children and requires that the incarcerated person receiving visitors be a parent. Their child must attend . 

My boyfriend has been in prison for 28 years. He was 18 during the high point of conjugal visit programs. That's when the state of Missouri decided to lock him up for the rest of his natural life, effectively sentencing him to a lifetime of deep loneliness and sexual repression, not just because Missouri doesn't offer conjugal visits, but because when you are incarcerated, your body belongs to the state in every possible way—from your labor to your sex life. 

Every prison riot ever could have been prevented with some properly organized fucking.

That's my boyfriend, Steve.

Not being able to physically express love—or even lust—builds frustration that boils over in unintended ways. 

Intimacy is policed rigidly in prison, and it has certainly worsened over the years. For most people with incarcerated lovers, intimacy happens not on a conjugal visit, but in the visiting room. Visits now may start and end with a brief embrace and chaste kiss. Open mouth kissing has been outlawed. These rules are enforced with terminated visits and even removing a person from the visiting list for a year or more.

Steve and I have kissed a total of six times.

We have also hugged six times, if you don't count us posing with his arm over my shoulder three times for pictures. The kisses were so brief that I'm not sure I remember what they felt like. He told me later on the phone that he knew he had to be the one to pull away from the kiss before we gave the COs in the bubble reason to intervene because I wouldn't. He knew this, somehow, before he ever kissed me. He was right. 

When I last visited him in Jefferson City Correctional Center, Steve told me about a real conjugal visit from '90s Missouri.

Years ago, people used to mess around in the visiting room at Potosi [Correctional Center]. Everyone knew to keep their sensitive visitors away from a certain area, because there was frequent sex behind a vending machine. I can neither confirm nor deny that cops were paid to turn a blind eye to it. I met a guy recently in my wing at JCCC who said he had heard of me, and that maybe I knew his father. I did know his father. I didn't have the heart to tell him that I probably saw his conception behind a Coke machine back in 1995.

The increasing restriction of physical touch—the expanded video surveillance of visiting spaces, the use of solitary confinement for the smallest infractions, and the withering of both in-person and conjugal visit programs—reflects the punitive logic that consensual human touch is a privilege that incarcerated people do not deserve.

This is an evil proposition, and it's one that is at the core of the ongoing dehumanization of millions of people in U.S. prisons, and the millions of people like me who love them. 

One woman with an incarcerated partner put it to researchers this way: "The prison system appears to be set up to break families up." And she's right. For the duration of his incarceration, I will never be closer to Steve than the state of Missouri is. I'm reminded during each of our timed kisses: His primary partner is the state. 

The most difficult part for me about a romantic relationship with a free woman is that I feel selfish. A lot of self-loathing thoughts creep in. I want the best for her and often question if I am that "best." However, an added benefit is that we can truly take things slowly and explore each other in ways that two free people don't often experience nowadays. We write emails daily. And these are important. We vent. And listen. We continue to build, whereas many free people stop building at consummation. 

But these are the realities rarely captured in media portrayals of romantic relationships between free world and incarcerated partners. Conjugals on TV are so disconnected from what it's actually like to be in a romantic relationship with an incarcerated person: Trying to schedule my life around precious 15 minute phone calls, paying 25 cents to send emails monitored by correctional officers, finding ways to symbolically include Steve in my life, like leaving open the seat next to me at the movies. Instead, television shows depict implausible scenarios of nefarious rendezvous that often parrot law enforcement lies. When they do so, they undermine the public's ability to conceptualize that love and commitment fuel relationships like ours. 

Although contraband typically enters prisons through staff , not visitors , television shows often present conjugal visits as a cover for smuggling, like in the earliest TV plot I could find involving a conjugal visit, from a 1986 Miami Vice episode. After his girlfriend is killed, Tubbs gets depressed enough to agree to go undercover at a state prison to bust some guards selling cocaine. In his briefing on the issue, Tubbs asks how the drugs are getting into the prison. Conjugal visits and family visits are the first two methods named by the prison commissioner, never mind that I have yet to find any evidence that Florida ever allowed those kinds of visits. 

Often, the excuse for policing visits so strictly is that drugs can be exchanged. But I know that lie is used for every type of control in prison. For over a year we had NO CONTACT visits because of the pandemic. During that time, dozens of inmates [at my facility] still overdosed and had drug-related episodes that caused them to need medical attention. Those drugs certainly didn't arrive through visits. They strip search and X-ray me going to and from visits anyway.

Everything in prison now is on camera. When a drug overdose occurs, the investigators track back over footage from visiting room cameras. One officer told me that while they were investigating drugs allegedly passing through the visiting room, they saw a guy covertly fingering his wife. This has happened on more than one occasion, but most guards will have enough of a heart not to bother with violations for some covert touching that wasn't caught until the camera review. Most. Sometimes, a rare asshole will just have to assert his power and write a CDV (conduct violation).

Write-ups or CDVs are given by staff at their discretion. The threat of solitary confinement is always looming in prison. It's another clever way of withholding physical interactions with other human beings as a form of torture. Solitary confinement for anywhere from 10 days to three months is a favorite punishment for "[nonviolent] sexual misconduct. " 

There's also a persistent media narrative that prison systems offer conjugal visit programs out of genuine concern for human welfare. A brief glance at the origins of conjugal visits in the U.S. prison system quickly disproves that theory, showing that conjugal visit programs were conceived as a tool of exploitation and social control. 

Conjugal visits originated in Mississippi at the infamous prison plantation, Mississippi State Penitentiary, or Parchman Farm. Mississippi state officials opened Parchman in the early 1900s, writes historian David Oshinsky in his book Worse than Slavery: Parchman Farm and the Ordeal of Jim Crow Justice, in order to ensnare free Black people into forced labor. Mississippi, like other Southern states during Reconstruction, passed "Black Codes" that assigned harsh criminal penalties to minor "offenses" such as vagrancy, loitering, living with white people, and not carrying proof of employment—behaviors that were not considered criminal when done by white people. Using the crime loophole in the relatively new 13th Amendment, Mississippi charged thousands of Black people with crimes and forced them to work on the state's plantation. 

Parchman officials started offering sex to Black prisoners as a productivity incentive, "because prison officials wanted as much work as possible from their Negro convicts, whom they believed to have greater sexual needs than whites," Oshinsky writes.

"I never saw it, but I heard tell of truckloads of whores bein' sent up from Cleveland at dusk," said a Parchman prison official quoted by Oshinsky. "The cons who had a good day got to get 'em right there between the rows. In my day, we got civilized—put 'em up in little houses and told everybody that them whores was wives. That kept the Baptists off our backs." 

A certain kind of sexual morality has been instilled in the minds of many people with conservative religious upbringings. They naturally force this morality on people they consider children. That is how many guards see prisoners: as children.

Many states did not begin to join Mississippi in offering conjugal visits until much later in the century, when conservative governors like California's Ronald Reagan would determine in 1968 that allowing some married men to have sex with their wives was the best way to reduce " instances of homosexuality " in prisons. 

Abolitionists who wrote the book Queer (In)Justice , consider how concerned prison administrations have historically been and continue to be about queer sex in prisons. The book exposes both the deep fear of the liberatory potential of queer sexuality, and a broader reality that prisons are inherently queer places since prisons' "denial of sexual intimacy and agency is a quintessential queer experience." 

Beyond behavioral control, the rules that determine conjugal visit eligibility are always also about enforcing criminality, since the state decides what kind of charges render someone ineligible to wed or to have an extended visit. Even in the four states that allow these visits, most people with "violent" charges are only allowed to hold their lover's hand and briefly embrace at the beginning and end of visits.

We don't even have enough privacy to masturbate. 

I can be written up if anyone sees my dick, especially in the act of masturbation. I could face solitary confinement, loss of job, visits, religious programs, treatment classes, recreation, canteen spend, and school for getting written up. Conversely, I can be strip-searched at any given time and be forced to show everything.  

Living in this fishbowl has taught me there is no hiding. Too many bored eyes in the same small area to miss anything. Guards may come knocking on the door at any moment. My cellmate is often inches away from me, and it takes coordination to manage time away from each other because we eat, sleep, go to yard, and do just about everything on the same schedule. 

I choose to skip a meal occasionally and embrace the hunger, because it is much less painful than persistent relentless desire. After years of self-release in showers, in a room with snoring cellmates, or as quickly as possible when a brief moment of privacy occurs, my sex drive is all shook up. Current turn-ons could be said to include faucets running and/or snoring men.

Ultimately, this article is not about the right to conjugal visits. It's about the ways that punitive isolation and deprivation of loving physical contact have always been tactics of the U.S. prison system. 

Regardless of the quality of the representations, the prevalence of conjugal visits in movies and TV allows people to avoid thinking too hard about what it's like to be deprived of your sexual autonomy, maybe the rest of your life.

I have been locked up since I was 18, and I am 47 now. To be horny in prison for decades is painful. To the body and soul. 

There is justice as well as pleasure at stake here, and the difference between the two is slight. 

People who love someone in prison live shorter and harder lives. That we do it anyway shows the significance, centrality, and life-affirming nature of intimate relationships to those on both sides of the wall. Maybe it even points to the abolitionist power of romantic and sexual love between incarcerated and "free" people.

So, I guess we start with that thought and work from there to find a way to tear down the system.

As part of Scalawag's 3rd annual Abolition Week,  pop justice  is exclusively featuring perspectives from currently and formerly incarcerated folks and systems-impacted folks.

More in pop justice:.

'It's not a story—it's a life:' A look at Snapped, from the inside

Come on Barbie, give us nothing!

Barbie: Pretty Police

"Pull up your pants or go to jail!"

Related stories:, steve higginbotham & jordana rosenfeld.

Steve Higginbotham is a writer who spent many years narrating and transcribing materials into braille for the Missouri Center for Braille & Narration Production . He is serving a death by incarceration sentence in Jefferson City, Missouri. Jordana Rosenfeld is a journalist in Pittsburgh, Pennsylvania. More of her work can be found at jordanarosenfeld.com .

Conjugal Visits

Why they’re disappearing, which states still use them, and what really happens during those overnight visits..

Although conjugal, or “extended,” visits play a huge role in prison lore, in reality, very few inmates have access to them. Twenty years ago, 17 states offered these programs. Today, just four do: California, Connecticut, New York, and Washington. No federal prison offers extended, private visitation.

Last April, New Mexico became the latest state to cancel conjugal visits for prisoners after a local television station revealed that a convicted killer, Michael Guzman, had fathered four children with several different wives while in prison. Mississippi had made a similar decision in January 2014.

A Stay at the “Boneyard”

In every state that offers extended visits, good prison behavior is a prerequisite, and inmates convicted of sex crimes or domestic violence, or who have life sentences, are typically excluded.

The visits range from one hour to three days, and happen as often as once per month. They take place in trailers, small apartments, or “family cottages” built just for this purpose, and are sometimes referred to as “ boneyards .” At the MacDougall-Walker Correctional Institution in Connecticut, units are set up to imitate homes. Each apartment has two bedrooms, a dining room, and a living room with a TV, DVD player, playing cards, a Jenga game, and dominoes. In Washington, any DVD a family watches must be G-rated. Kitchens are typically fully functional, and visitors can bring in fresh ingredients or cooked food from the outside.

In California, inmates and their visitors must line up for inspection every four hours throughout the weekend visit, even in the middle of the night. Many prisons provide condoms for free. In New Mexico, before the extended visitation program was canceled, the prisoner’s spouse could be informed if the inmate had tested positive for a sexually transmitted infection. After the visit, both inmates and visitors are searched, and inmates typically have their urine tested to check for drugs or alcohol, which are strictly prohibited.

What Everyone Gets Wrong

Conjugal visits are not just about sex. In fact, they are officially called “family visits,” and kids are allowed to stay overnight, too. In Connecticut, a spouse or partner can’t come alone: the child of the inmate must be present. In Washington, two related inmates at the same facility, such as siblings or a father and son, are allowed to arrange a joint visit with family members from the outside. Only about a third of extended visits in the state take place between spouses alone.

The Insider’s Perspective

Serena L. was an inmate at the Bedford Hills Correctional Facility in New York from 1999 to 2002. During that time, she qualified for just one overnight trailer visit. Her 15-year-old sister, who lived on Long Island, persuaded a friend to drive her to the prison. “I remember her coming through the gate, carrying two big bags of food, and she said, ‘I got your favorite: Oreos!’ ” Serena says. “It was like a little slumber party for us. When I was first incarcerated, we had tried to write to each other and talk to each other by phone, but there was lots we weren’t really emotionally able to come to terms with until we had that private space, without a CO watching, to do it.”

The (Checkered) History

Conjugal visits began around 1918 at Parchman Farm, a labor camp in Mississippi. At first, the visits were for black prisoners only, and the visitors were local prostitutes, who arrived on Sundays and were paid to service both married and single inmates. According to historian David Oshinsky, Jim Crow-era prison officials believed African-American men had stronger sex drives than whites, and would not work as hard in the cotton fields if they were not sexually sated. The program expanded in the 1940s to include white, male inmates and their wives, and in the 1970s to include female inmates.

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So What are the Actual Rules with Conjugal Visits and How Did They Get Their Start?

To begin with, in Britain, conjugal visits aren’t a thing, though in some cases when prisoners who have been locked up for a long period are getting close to their release date, if they are considered particularly low risk for committing crimes or going off on their merry way, they may be allowed to have family leave time for brief periods. This is time meant to help re-acclimate them to the world outside of prison and get their affairs in order, including re-connecting with family and friends, looking for work, etc.- all as a way to try to help said person hit the ground running once fully released.

Moving across the pond to the United States, first, it’s important to note that prisoners in federal custody and maximum security prisons are not allowed conjugal visits. Further, in the handful of states that do allow conjugal visits, prisoners and their guests must meet a stringent set of guidelines including full background checks for any visitors. On the prisoner’s side, anyone who committed a violent crime, has a life sentence, is a sex offender, and other such serious crimes are also not eligible. Further, in Connecticut, if an inmate is a member of a gang or even thought to be so, they are also banned from conjugal visits. On top of that, pretty much everywhere, any inmate who does anything wrong whatsoever while in prison also finds themselves either temporarily or permanently banned from such visits.

This brings us to how the whole conjugal visit thing got its start in the United States; the earliest official-ish policy with regards to allowing, in this case male, prisoners to enjoy the company of the fairer sex started in the Mississippi State Penitentiary (Parchman Farm) in the early 20th century. This was instituted as a way to get its black prisoner populace, who were used pretty literally as slave labor, to work harder while working the 20,000 acres of land at this institution. In fact, the superintendent of the prison at the time was actually a farmer himself, which is why he was hired to oversee things. As historian David M. Oshinsky, author of Worse Than Slavery: Parchman Farm and the Ordeal of Jim Crow Justice , notes, “[The Administrator’s] annual report to the legislature is not of salvaged lives. It is a profit and loss statement, with the accent on the profit.”

Prisoners who didn’t work hard could be beaten and other such “stick”-type incentives leveraged. On the other hand, prisoners who worked hard, were willing to help keep their fellow prisoners in line, etc. etc. were given various rewards. In fact, in the extreme, a prisoner who managed to kill another prisoner attempting to escape could even be rewarded with a full pardon for that and whatever crime they’d previously committed to get locked up in the first place.

Most pertinent to the topic at hand, for those prisoners who were particularly well behaved and worked the hardest, one reward they could be given was the company of a prostitute on their Sunday off-day. To help facilitate this, every Sunday a literal truck load of women would be brought in to tend to the best behaved prisoners. Later, the policy was expanded to include girlfriends and wives for the men who preferred their company.

To illustrate the thinking of the prison officials in perhaps the most offensive way possible, we have this time-capsule of a quote from one contemporary prison guard from Mississippi- “You gotta understand that back in them days n***ers were pretty simple creatures. Give ‘em pork, some greens, some cornbread, and some poontang every now and then and they would work for you.”

Moving very swiftly on from there, the effectiveness of promised sex for a male prisoner, regardless of race, if they toed the line caught on and, as the century progressed, around 1/3 of the states in the U.S. eventually adopted the practice, as well as many other countries through the 20th century also instituting similar programs.

As for that effectiveness, former warden of Great Meadow Correctional Facility in New York State, Arthur Leonardo, explains, “We don’t have much to give to people in prison. If you don’t have anything to take away from someone, you don’t have anything to take away to urge them to do the right thing.”

Illustrating the effectiveness on the prisoner’s side, one Ray Coles, whose temper resulted in an assault that saw him given a nine year prison sentence, states of the incentive the conjugal visits give him to never step out of line, “Every action or choice I make is made with my wife in mind.”

As for what actually goes on during a conjugal visit, the Hollywood idea and reality, as ever, are somewhat different. While in film and TV shows, a conjugal visit is a time to get hot and sweaty with your partner, the reality is that, while sex may or may not be involved, much of the time is spent just doing normal things with not just a partner, but kids and other family members. In fact, in New York, it’s reported that around 40% of conjugal visits don’t include a spouse or the like, rather often just children and other loved ones. For this reason, these visits are usually officially called things like “Extended Family Visits” or, in New York, the “Family Reunion Program”.

As one California inmate summed up of his extended family visit with his partner, “I got to spend 2 1/2 days one-on-one with my partner, my best friend, my confidant, my life partner. It wasn’t about the sex.”

For further context here, in the United States for most prisoners, at best during normal visitation they might be allowed a brief 2 second hug with their partner and a peck on the cheek, if the latter is allowed at all. On top of that, everything you say or do is being watched, and the time together is relatively brief.

As you can imagine from this, for many prisoners, regardless of their crime, whatever prison sentence was doled out often comes with a generally unmentioned punishment of the finishing of a relationship with their partner. Combined with limited access to phones and the extreme expense of prison and jail phone calls, this also often sees a near complete disconnect from their kids, friends, etc. while in prison.

Thus, for prisoners, while sex may or may not be involved, the reality of the extended family visit is just that- depending on the exact rules for a given prison, 6-72 hours where you can spend time with your partner, kids, and sometimes other family members or friends in a somewhat normal setting, doing normal things.

As for frequency, while in movies it’s a regular thing, and little lead up time, in reality in the United States, this may be granted at best once per month all the way up to once per year, or not at all.

Towards the end of facilitating family bonding, many prisons that allow this provide a couple bedrooms to accommodate a couple and their kids, as well as things like board games, a TV, and potentially food, though costs of things like food are footed by the inmate or their loved ones. For reference, the wife of the aforementioned Ray Coles, Vanessa, states she pays around $100 per extended family visit for things like food, which is then provided by the prison.

As for regions outside the United States, places like Canada allow for extended family visits up to 72 hours in length once every couple months, including allowing anyone with a close familial bond to take part, even friends if the authorities deem the bond strong enough. As in the United States, food and other such items are paid for by the inmate or their family or friends.

Interestingly one of the most generous of the nations when it comes to family visits is Saudi Arabia, which allows a once a month visit; but if you have multiple wives, you get once per month per wife! On top of that, beyond allowing such frequent visits, the government actually pays for the travel of those coming to see you.

Back over in the United States, at its peak in the late 20th century, extended family visits were allowed in about 1/3 of states, but began dropping precipitously starting around the 1980s and 1990s to just four states today- California, Washington, New York, and Connecticut.

This was around the same time a number of such programs designed to keep people from being repeat jailbirds were given the axe across the nation, unsurprisingly directly corresponding to the prison population in the United States absolutely exploding, in the four decades since rising an astounding 500%! For reference, before the 1980s, the growth was relatively slow and steady, more or less tied to population growth. More on this in the Bonus Fact in a bit.

As for the impetus for cutting the extended family visit programs, this is generally tied to increased public sentiment starting around the 1980s and 1990s that prisoners are there to be punished, not to be coddled, and that the program costs too much. For example, in New Mexico, who relatively recently killed the extended family visit program, it was costing taxpayers about $120,000 per year.

Now, this might sound like a lot, and if you go read the news reports, this was certainly used as the driving political rhetoric to get the program nixed by the politicians involved. However, it’s noteworthy that New Mexico reports an average cost per inmate annually is a whopping $35,540, which is pretty close to the national average of about $31,000…. Meaning the entire extended family visit program was costing about what it costs to house just over 3 of their approximately 16,000 inmates per year.

Of course this is still costing taxpayers something… except when you consider, for example, a 1982 study done on New York’s prison populace which found that prisoners who were allowed extended family visits were almost 70% less likely than other prisoners to end up back in prison within three years. This makes it potentially the single most effective recidivism program known, even soundly stomping on the second king of recidivism programs- education, which we’ll talk a bit more about in the Bonus Facts.

As to why family visits seem so effective at reducing recidivism, as the aforementioned warden Arthur Leonardo, notes, those who are able to maintain family bonds while in prison, when they get out, have “someone who loves you and will help you, and in the case of children, people who depend on you…”

Going back to the reality of an extended family visit, it’s usually required that partners and the inmates be tested for STDs and come out clean before being allowed to have their little rendezvous. Further, the prisoners themselves are strip searched both before the extended family visit and after. Should they test positive for drug or alcohol use after, they are then banned from future visits indefinitely, and those who brought in the contraband may also be banned from taking part again.

On top of that, those that are visiting the prisoners must be cleared as well, though strip searches, at least in the United States, are not allowed on the visitors, so contraband may occasionally be smuggled in in certain orifices or the like. To try to get around this in, for instance California, inmates and their families are searched regularly during the extended family visits, usually at a rate of about once every four hours.

This brings us to what you can bring for an extended family visit. Well, not much- mostly just things like clean linens, certain toiletries, strictly regulated clothing, and the like. No cell phones, no electronic devices, and really not much of anything else. Even things like family pictures are pretty strictly regulated in number, type, and size. Going back to clothing, one Myesha Paul, wife of California inmate Marcello Paul who is in prison for robbery, states, “They don’t want you to have anything that’s form fitting… although we come with hips and all that, so it’s kinda hard to find what don’t fit around, you know? I just buy some men’s sweat pants and make it work.”

If you go look at the California regulations on this, they also have strict regulations when it comes to colors of clothing, for example no blue denim or forest green pants, no tan shirts, no camouflage, nothing strapless, no skirts or dresses or non-capri shorts- the list goes on and on.

Myesha also helpfully describes what a real extended family visit is like, stating, “We sat outside and played dominoes on Saturday. After that we went in and watched TV, watched movies.” And while she states her and her husband do have sex during the visit, as is almost universally noted by every other inmate and their partner we looked it, it’s more about the closeness and little things like getting to hold your partner’s hand or just hold them in general, as well as waking up next to them. She states, “It feels good… because I don’t get that at home. Ya know. At home I’m sleeping by myself, unless my grandbaby or one of my kids wanna sleep with me. But they’re grown. But they still do sleep with me sometimes. But other than that, you know, I’m waking myself up in the morning, or the alarm clock is waking me up, or my grandson comes and wakes me up. It’s good to have my husband waking me up. It’s the nicest thing about being married. Isn’t it? Waking up?”

She also states of her husband, “He watches me through the night… I know he does ’cause sometimes I wake up and he’s looking at me. And I do the same to him. Sometimes he’s sleeping and he wakes up and I’m watching him.”

Similarly summed up by the aforementioned Vanessa Coles, the value of extended family visits is about keeping her family together- “It keeps our bond going, keeps our marriage strong and keeps him on track.” As for the couple’s young kids, “The little one needs it because that’s all he knows. The older one needs it to remember what he knows.” And as for those arguing against allowing such visits, she states, “[The prisoners] are being punished. I get it. [But] destroying your marriage and family should not be a part of your sentence.”

If you liked this article, you might also enjoy our new popular podcast, The BrainFood Show ( iTunes , Spotify , Google Play Music , Feed ), as well as:

• What Happens to Your Stuff When You Get Sent to Prison for Life?
• When Did Having a Prisoner’s Last Meal Be Anything They Want Start?
• From a Life of Crime to One of the Most Prolific Actors of All Time- Danny Trejo’s Prison Break
• Are You Really Entitled to a Phone Call When Arrested?
• What Happens if You Commit a Crime in Space?

Bonus Facts:

Going back to what caused the massive spike in U.S. incarcerations starting in the 1980s that has more or less continued unabated since, one thing often pointed to is that this was around the time the war on drugs was ramped up, generally considering to account for about 25%-50% of the increase in inmate population. This still leaves the rest, which is the majority. And unless you just think U.S. citizens are far more likely to commit crimes than, for example, our European brethren, obviously there is something weird going on. As to what, a variety of factors are pointed to including the cutting of many programs designed to keep people from being repeat offenders, marked increase in sentence length, especially compared to the rest of the world for similar crimes, and perhaps the catch-all which has driven a lot of this to the extreme- the privatization of prisons that occurred at this time, making many prisons for-profit institutions.

In the decades since, these entities have heavily lobbied for things that seem pretty directly tied to doing everything possible to make prison sentences longer and keep people coming back for more- most pertinent to the topic at hand, cutting costs wherever possible for themselves, including any and all recidivism programs. After all, they get paid per inmate, so aren’t too concerned with what the total cost is to the state, other than the greater that cost, the more they make.

Naturally, the longer sentences and increased likelihood of repeat offenders, at a rate of about 45% within 3 years and 76% within five, has seen prison populations skyrocket in the United States since the 1980s. The net result of all of this being that, at present, the land of the free currently houses almost one quarter of all inmates imprisoned in the entire world! The cost of housing these inmates comes to about $50-$70 billion annually. This does not include the police and judicial costs that get the prisoners put there in the first place- all summing up to massive sums of money being spent and many more crimes being committed while proven recidivism programs that see massive reductions in repeat offenders going largely unused. And noteworthy here is that about 95% of prisoners do get out at some point.

And speaking of recidivism programs like extended family visits, a study done by the United States Department of Justice noted that prisoners given access to educational programs were, for vocational certificates 14.6% less likely to find their way back in prison within 3 years vs. the general prison populace. For those achieving a GED while in prison, they were 25% less likely to end up back in the slammer. And those who attained an Associates degree were the highest of all in their study at about 70% less likely, approximately the same benefit as those given access to extended family visits.

Averaging it all out, the net effect of the educational programs was about a 43% reduction in rate of returning to prison within 3 years. From this, crunching the numbers, the study showed that this meant for every $1 spent by the states towards educating prisoners, it saved $5 annually thanks to the reduction of prison population, let alone other cost savings in court and police expenditures and, of course, a reduction in crime rate. Given each year about 700,000 inmates are released in the United States, that amounts to a massive reduction in crime, while a rather large increase in a better educated and more skilled populace.

Finally, one more bonus fact- while violent criminals are almost always seen as the most dangerous and most likely to re-offend by the general public, the data does not back that up at all- not even close. According to the United States Department of Justice, the highest rate of re-offenders within 3 years after being released were those stealing motor vehicles at 78.8%! Next up are those in prison for selling stolen property at 77.4%. The list goes on and on, but essentially, those who steal are generally about 70%+ likely to re-offend within 3 years and are the highest at-risk re-offenders. In stark contrast, violent crime convicts are massively less likely to re-offend. For example, rapists and murderers are only 2.5% and 1.2% likely to re-offend respectively. Of course, the latter is much more news worthy and traumatic, leading to the skewed public perception.

• Conjugal Visit
• Prisoner Murders Girlfriend
• The Dark Origins of Conjugal Visits
• No Laughing Matter
• Mississippi Ending Conjugal Visits
• How Conjugal Visits Work
• States That Allow Conjugal Visits
• Conjugal Visits Correlate to Fewer Sexual Assaults
• Conjugal Visits Rules and History
• Extended Family Prison Visit
• One Conjugal Visit
• Conjugal Visits
• California Inmate Visitation
• San Quentin Visitation
• Prison Visits
• The Conjugal Visit
• Canada Visiting an Inmate
• Pennsylvania Visiting Rules
• National Crime and Justice
• Conjugal Visits Not Practical
• Australia Conjugal Visits
• South Dakota Corrections
• United States Incarceration Rate
• New Mexico Incarceration Statistics
• New Research on Prison Education
• State of Phone Justice
• Cost of Incarceration

I can’t comment on everything in the bonus facts, but I think the low (1.2%) re-offending rate for murder can be put down to two things: (1) they receive very long sentences (if not actually executed!), and so leave prison in their old age, and (2) they were more likely to have committed a crime of passion, rather than be career criminals. For that matter, I read that, at Devil’s Island, the murderers looked down on the thieves. Murder might be a worse crime, but it was usually the only one they committed, while the thieves were habitual criminals. (That might be a reason behind the high re-offending rate for stealing cars and receiving stolen goods.)

You might want to look that up because it is actually not correct. Depending on the severity of the crime murder can carry as little as a 5 year sentence, and remember it is not uncommon to serve as little as one quarter of the issues sentence. Also, execution is remarkably rare with many US states banning it or in moratorium. For a detailed state by state list of murder recommended sentences see this wiki:

https://en.wikipedia.org/wiki/List_of_punishments_for_murder_in_the_United_States

Controversy and Conjugal Visits

Conjugal visits were first allowed as incentives for the forced labor of incarcerated Black men, the practice expanding from there. Is human touch a right?

“The words ‘conjugal visit’ seem to have a dirty ring to them for a lot of people,” a man named John Stefanisko wrote for The Bridge, a quarterly at the Connecticut Correctional Institution at Somers, in December 1963 . This observation marked the beginning of a long campaign—far longer, perhaps, than the men at Somers could have anticipated—for conjugal visits in the state of Connecticut, a policy that would grant many incarcerated men the privilege of having sex with their wives. Conjugal visits, the editors of The Bridge wrote, are “a controversial issue, now quite in the spotlight,” thanks to their implementation at Parchman Farm in Mississippi in 1965. But the urgency of the mens’ plea, as chronicled in The Bridge and the Somers Weekly Scene , gives voice to the depth of their deprivation. “Perhaps we’re whistling in the wind,” they wrote, “but if the truth hits home to only a few, we’ll be satisfied.”

The men at Somers wrote of conjugal visits as something new, but in fact, Parchman had adopted some version of the practice as early as 1918. Parchman, then a lucrative penal plantation , sought to incentivize Black prisoners, who picked and hoed cotton under the surveillance of armed white guards, by allowing them to bring women into their camp. The visits were unofficial, and stories from the decades that followed are varied, ranging from trysts between married couples to tales of sex workers, bussed in on weekends. The men built structures for these visits out of scrap lumber painted red, and the term “ red houses ” remained in use long after the original structures were gone. The policy was mostly limited to Black prisoners because white administrators believed that Black men had stronger sexual urges then white men, and could be made more pliable when those urges were satisfied.

This history set a precedent for conjugal visits as a policy of social control, shaped by prevailing ideas about race, sexual orientation, and gender. Prisoners embraced conjugal visits, and sometimes, the political reasonings behind them, but the writings of the men at Somers suggest a greater longing. Their desire for intimacy, privacy and, most basic of all, touch, reveals the profound lack of human contact in prison, including but also greater than sex itself.

Scholar Elizabeth Harvey paraphrases Aristotle, who described the flesh as the “medium of the tangible,” establishing one’s “sentient border with the world.” Touch is unique among the senses in that it is “dispersed throughout the body” and allows us to experience many sensations at once. Through touch we understand that we are alive. To touch an object is to know that we are separate from that object, but in touching another person, we are able to “form and express bonds” with one another. In this context, Harvey cites the French philosopher Maurice Merleau-Ponty, who described all touch as an exchange. “To touch is also always to be touched,” she writes.

When Parchman officially sanctioned conjugal visits in 1965 after the policy was unofficially in place for years, administrators saw it as an incentive for obedience, but also a solution to what was sometimes called the “ Sex Problem ,” a euphemism for prison rape . Criminologists of the era viewed rape in prison as a symptom of the larger “ problem of homosexuality ,” arguing that the physical deprivations of prison turned men into sexual deviants—i.e., men who wanted to have sex with other men. In this context, conjugal visits were meant to remind men of their natural roles, not merely as practitioners of “ normal sexuality ,” but as husbands. (Framing prison rape as a problem of ‘homosexuals’ was commonplace until Wilbert Rideau’s Angolite exposé Prison: The Sexual Jungle revealed the predation for what it was in 1979.)

Officials at Parchman, the sociologist Columbus B. Hopper wrote in 1962 , “consistently praise the conjugal visit as a highly important factor in reducing homosexuality, boosting inmate morale, and… comprising an important factor in preserving marriages.” Thus making the visits, by definition, conjugal, a word so widely associated with sex and prison that one can forget it simply refers to marriage. Men—and at the time, conjugal visits were only available to men—had to be legally married to be eligible for the program.

But for the men at Somers, the best argument for conjugal visitation was obvious—with one telling detail. The privacy afforded by the red houses at Parchman, Richard Brisson wrote “preserve some dignity to the affair,” creating “a feeling of being a part of a regular community rather than … participating in something that could be made to appear unclean.” For lovers secluded in bedrooms, “[t]here is no one about to mock them or to embarrass them,” he wrote. This observation suggests the ubiquity of surveillance in prison, as well as its character.

Carceral institutions are intended to operate at a bureaucratic remove; prisoners are referred to by number and were counted as “ bodies .” Guards must act as ambivalent custodians of these bodies, even when the nature of their job can be quite intimate. Prisoners are routinely strip-searched and frisked; they must ask permission to exercise any movement, to perform any bodily function. This is as true today as it was in Somers, where men frequently complained that they were treated like children. “You are constantly supervised, just as if you were a one-year-old child,” Ray Bosworth wrote in 1970 .

But guards are not parents, and the tension between dutiful ambivalence and intimate supervision often manifests as disgust. On a recent visit to Bedford Hills Correctional Facility, a maximum-security women’s prison in upstate New York, prisoners complained of being ridiculed during strip searches, and hearing guards discussing their bodies in the corridors.

This attitude extends to rules regulating touch between prisoners and visitors. Writing about San Quentin State Prison in California in the early 2000s, the ethnographer Megan L. Comfort described a common hierarchy of visits , each with its own allowable “degree of bodily contact.” Death Row cage visits allowed for hugs in greeting and parting, while a contact visit allowed for a hug and a kiss. The nature of the kiss, however, was subject to the discretion of individual guards. “We are allowed to kiss members of our families, hello and goodbye, but the amount of affection we may show is limited by the guard,” James Abney wrote for the Somers Weekly Scene in 1971.  “If he feels, for instance that a man is kissing his wife too much or too passionately, then he may be reprimanded for it or the visit may be ended on the spot.”

When Somers held its first “ Operation Dialogue ,” a “mediated discussion” among prisoners and staff in May 1971, conjugal visits were a primary concern. By then, California (under Governor Ronald Reagan) had embraced the policy—why hadn’t Connecticut? Administrators argued that furloughs, the practice of allowing prisoners to go home for up to several days, were a preferable alternative. This certainly would seem to be the case. In August 1971, the Scene quoted Connecticut Correction Commissioner John R. Manson, who criticized the skeezy, “tar-paper shacks” at Parchman, concluding that furloughs were “ a less artificial way for inmates to maintain ties with their families .” But to be eligible for furloughs, men were required to be within three or four months of completing their sentence. In the wake of George H.W. Bush’s infamous “ Willie Horton ” campaign ad in 1988, a racially-charged ad meant to stoke fear and anti-Black prejudice in which a violent attack was blamed on Liberal soft-on-crime policies (specifically scapegoating Michael Dukakis for a crime committed on a prison furlough that predated his tenure as governor), prison furloughs were mostly abolished. They remain rare today, still looming in the shadow of the Horton ad.

Conjugal visits are considered a rehabilitative program because, as Abney wrote, it is in “society’s best interest to make sure that [a prisoner’s] family remains intact for him to return to.” Unspoken is the disregard for people serving long sentences, or life, making conjugal visits unavailable to those who might need them the most.

The campaign for conjugal visits continued throughout the 1970s. Then, in 1980, in a sudden and “major policy reversal ,” the state of Connecticut announced that it would instate a “conjugal and family visit” program at several prisons, including Somers. Subsequent issues of the Scene outline the myriad rules for application, noting that applicants could be denied for a variety of reasons at the discretion of prison administrators.

The earliest conjugal visits at Somers lasted overnight but were less than 24 hours in total. Men could have multiple visitors, as long as they were members of his immediate family. This change signaled a new emphasis on domesticity over sex. Visits took place in trailers equipped with kitchens, where families cooked their own meals. Describing a similar set-up at San Quentin more than two decades later, Comfort wrote that the trailers were meant to encourage “people to simulate an ordinary living situation rather than fixate on a hurried physical congress.”

By the early 1990s, conjugal visitation, in some form, was official policy in 17 states. But a massive ideological shift in the way society viewed incarcerated people was already underway. In a seminal 1974 study called “What Works?”, sociologist Robert Martinson concluded that rehabilitation programs in prison “ had no appreciable effect on recidivism .” Thinkers on the left saw this as an argument for decarceration—perhaps these programs were ineffective because of the nature of prison itself. Thinkers on the right, and society more broadly, took a different view. As (ironically) the Washington Post observed, the findings were presented in “lengthy stories appearing in major newspapers, news magazines and journals, often under the headline, ‘ Nothing Works! ’”

Martinson’s work gave an air of scientific legitimacy to the growing “tough-on-crime” movement, but the former Freedom Rider, who once spent 40 days at Parchman, spawned punitive policies he couldn’t have predicted. In 1979, Martinson officially recanted his position. He died by suicide the following year.

In Mistretta v. United States (1989), the court ruled that a person’s demonstrated capacity for rehabilitation should not be a factor in federal sentencing guidelines because, they wrote, studies had proved that rehabilitation was “an unattainable goal for most cases.” It effectively enshrined “nothing works” into law.

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“Nothing works” gave rise to harsher sentencing, and more punitive policies in prisons themselves. In 1996, the state of California drastically reduced its conjugal visitation program . At San Quentin, this meant conjugal visits would no longer be available for people serving life sentences. To have benefitted from the program, and then have it taken away, was a particular blow to prisoners and partners alike. One woman told Comfort that she was in “mourning,” saying: “To me, I felt that it was like a death. ”

We don’t know how the men at Somers might have felt about this new era, or the heyday of conjugal visits that came before it. There are no issues of the Weekly Scene available after 1981 in the American Prison Newspapers collection, which is just after the visits began. But their writing, particularly their poetry, offers some insight into the deprivation that spurred their request. In 1968, James N. Teel writes, “Tell me please, do you ever cry, / have you ever tried to live while your insides die? ” While Frank Guiso , in 1970, said his existence was only an “illusion.” “I love and I don’t, / I hate and I don’t / I sing and I don’t / I live and I don’t,” he writes. But for others, disillusionment and loneliness take a specific shape.

“I wish you could always be close to me,” Luis A. Perez wrote in a poem called “ The Wait ” 1974:

I will hold your strong hand in my hand, As I stare in your eyes across the table. Trying to think of the best things to say, I then notice how I will not be able. I will long for your tender embraces, For your long and most desirable kiss. As I sleep cold for warmth of your body, You my love, are the one I will miss…

Today, only four states—California, Connecticut, Washington and New York—allow conjugal visits. (Mississippi, where Parchman is located, ended conjugal visitation in 2014 .) Some argue that Connecticut’s Extended Family Visit (EFV) program, as it is now called, doesn’t actually count , because it requires a prisoner’s child to be there along with another adult . There is also some suggestion that Connecticut’s program, while still officially on the books, has not been operational for some time.

The COVID-19 pandemic gave further cause to limit contact between prisoners and visitors, engendering changes that don’t appear to be going away anytime soon.

Somers was reorganized as a medium-security facility and renamed the Osborn Correctional Institution in 1994. A recent notice on the facility’s visitation website reads: “​​Masks must be worn at all times. A brief embrace will be permitted at the end of the visit .”

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Extending the Ties that Bind: Considering the Implementation of Extended Family Visits in Prisons

Thomas dutcher university of new haven.

The following brief presents valuable information for states considering implementing extended familial visitations to their current visitation policies within prisons. Specifically this report would be of interest to individuals within a given states’ Department of Corrections. The brief first outlines what is known about extended stay family visitations (also known as conjugal visitations) in relation to recidivism prevention, prison violence reduction, and maintenance of social ties. Thereafter, policies of states with current programs are reviewed. The brief recommends that states adopt a visitation policy, which allows for a broad definition of who qualifies as a visitor capable of applying for an extended visitation, and recommends considering the use of a monitoring and evaluation framework paired with the implementation of a program due to the limited current state of evidence-based literature on the topic.

Statement of Issue  

Roughly 45% of the United States population has had an incarcerated primary family member, and every state has some form of in-person visitation policy, but the vast majority of incarcerated persons will not receive visits from family (Cochran & Mears, 2013; Enns et al., 2019; Mitchell et al., 2016). The extant quantitative literature on the effects of familial visitation on the incarcerated person finds that visitations increase overall mood, increase reports of familial ties, decrease rule violation behavior, reduce the likelihood of recidivism. Yet it is important to note that within these studies, it is rare for more than 40% of those incarcerated individuals to report receiving any visits, let alone visits from family members (De Claire & Dixon, 2017; Duwe & Clark, 2013; Mears et al., 2012; Mitchell et al., 2016).

While visitation and maintaining familial ties are seen as theoretically relevant for reducing recidivism by reducing strain, strengthening familial ties, and combatting labeling associated with prisonization, there are significant barriers to visitation (Cochran & Mears, 2013). These barriers include distance to be traveled (often hundreds of miles), cost of travel, poor conditions in the general visiting area, length of visit, inconsistency in hours of allowable visit, length of time spent waiting at the facility, and the overarching cost of the experience (Christian, 2005; Cochran & Mears, 2013; Mowen & Visher, 2016).

With this in mind, this policy brief seeks to explore one way for addressing low in-person familial visitation rates. In the section that follows, a background on extended familial or “conjugal” visits will be provided. As of 2021, only four states have official extended familial visitation programs: Connecticut (Connecticut Department of Correction Directive 10.6), California (see Boudin et al., 2013), New York (DOC Dir 4500), and Washington (DOC 590.100). Extended familial visits, while not a panacea to low prison visitation, address many of the barriers to visitation shown in the existing literature.

Prison visitation has received a great deal of attention from researchers in the past 20 years. This research tends to show that visitation has a positive impact on the lives of those incarcerated, as well as the individuals visiting (Duwe & Clark, 2013; Mears et al., 2012; Mitchell et al., 2016; Tasca et al., 2016). Rather than detailing the key findings of the literature, the focus of this brief is placed on two separate meta-analyses of prison visitation research, along with a few routinely cited studies. This overarching literature will be used to introduce the limited research that has been conducted on extended familial (conjugal) visitations. While most of this research focuses on the effects of visitation on recidivism, it should be noted that an entirely separate body of research focuses on the effects of visitation for families on the outside (see: Adams, 2018; Christian, 2005; Mowen & Visher, 2016;; Siennick et al., 2013; Turanovic et al., 2012)

One meta-analysis conducted by De Claire & Dixon (2017) examined 10 studies that specifically looked at the effects of familial and romantic partner visitation related to the overall mood and disposition of the incarcerated person, instances of violations in prison, and recidivism. The authors found support for their hypothesis that visits from family improve mood, decrease in-prison violations, and decrease recidivism risk (De Claire & Dixon, 2017). However, differences exist related to the gender of the incarcerated individual. For example, visitation only reduced recidivism at a statistically significant level for men, not women (Claire & Dixon, 2017). The researchers noted that there needs to be further studies that examine the nuances of types of visitation, including extended familial visitation, and their effect on recidivism and in prison violations.

Mitchell et al. (2016), in another meta-analysis of the effects of prison visitation specific to recidivism outcomes, examined studies of 16 prison visitation programs that used either an experimental or quasi-experimental design. This meta-analysis found that prison visitation reduces recidivism by 26%, but that gender (larger effect for men than women), type of visit, and length of incarceration mediate the effect (Mitchell et al., 2016). Despite this mediation, the effect of visitation remained moderately significant. Unique to this meta-analysis was the inclusion of extended familial (conjugal) visits as a visitation type.  While it should be noted that far fewer studies in the meta-analysis were used to test the effect of these visits, the results of this study show that extended familial visits had the strongest effect on recidivism of any type of visitation, reducing recidivism by 36% (Mitchell et al., 2016).

Research specifically examining the effects of extended family (conjugal) visitation is hard to locate in the extant literature. The evaluative studies which do exist have focused almost exclusively on the extended visit program in the state of Mississippi, which ended in 2014 (McElreath et al., 2016). Research examining extended visitations generally includes discussions of now defunct programs (such as the aforementioned Mississippi program), in large part because the extant literature does not extend beyond 2014 (see Boudin et al., 2013; Carlson & Cevera, 1991; D’Alessio et al., 2013; Einat & Rabinovitz, 2013; Hensley et al., 2000, 2002). This prior research largely paints a positive picture of this form of visitation.

Hensley et al. (2000), surveying currently incarcerated persons in two facilities in Mississippi (126 men and 130 women), sought to examine if those that received extended familial (conjugal) visits had different views on the program than those who were eligible but did not participate. It is important to note that this study oversampled those receiving extended family visits, as 53% of their sample received this form of visit, whereas only 7% of the prison population received extended family visits (Hensley et al., 2000). Using logistic regression, this study found that there were no statistically significant differences in the opinions of extended visitations between those who did and did not receive them (Hensley et al., 2000). Both those who did and did not receive extended visits were in favor of the practice (Hensley et al., 2000).

Hensely et al. (2002) sought to examine the effects of extended family visits on the threat of, as well as actual acts of violent assault and sexual violence. In this study, extended family (conjugal) visits were coded as a dichotomous yes/no variable.  Using multiple regression, the researchers found that while extended family (conjugal) visits decreased threats and actual acts of violence/sexual violence for incarcerated women in the sample, this difference was not statistically significant. Additionally, this study found that extended family (conjugal) visits had no overall effect on violence scales employed (measuring threats and acts) (Hensley et al., 2002).

However, these null findings are in contrast to the majority of the extant literature, which finds positive effects of extended familial (conjugal) visitation (D’Alessio et al., 2013; De Claire & Dixon, 2017; Einat & Rabinovitz, 2013; Mears et al., 2012; Mitchell et al., 2016). D’Alessio et al. (2013), for example, in examining the rates of a reported inmate to inmate sexual assaults in all 50 states over three years, found that conjugal visitation was a statistically significant factor that reduced instances of sexual assault within men’s facilities. In other words, states with specific policies that allowed for extended familial (conjugal) visitation had lower reported rates of sexual abuse in their prisons. However, it must be mentioned again that since the time of this study, both Mississippi and New Mexico have ended their visitation programs.

Qualitative research has delved deeper into the perceptions of extended visits through the perspective of incarcerated persons. In studying perceptions of visitation experiences for incarcerated men, Pierce (2015) found that extended family visits were incredibly important to the 32 men in their sample for maintaining social bonds with their loved ones. Extended visits were mentioned as being preferred for their relative privacy and reportedly produced more meaningful visitation experiences for these men. Pierce (2015) found that continuing extended family visitations, improving the conditions of the trailers, and increasing the number of trailers to facilitate more frequent extended visits per eligible party were among the primary recommendations made by men for facilitating stronger familial ties. Additionally, Einat & Rabinovitz, (2013) examined the importance of “conjugal” visits for eight incarcerated women in Israel. Similarly, these women reflected on the importance of one-on-one visits to maintain deep connections with their romantic partners, which went beyond simply engaging in sex (Einat & Rabinovitz, 2013). The privacy and intimacy of non-traditional visits led individuals in both studies to assert extended visits were more beneficial to their familial relationships than a standard visit (Einat & Rabinovitz, 2013; Pierce, 2015).

Pre-existing policies

While all states have various regulations regarding the length of visitation, type of visit allowed (contact or no contact), and who may visit, all 50 states have a formal policy regulating prison visitation (Boudin et al., 2013). While most states have special policies allowing for extended visits, these extensions are seldom for longer than a few hours during the day. They also vary across states in terms of length of the extension and what type of visitor can request an extended visit (Boudin et al., 2013). Existing policies on these variations in day-time-hour-based extended visits also vary by state and are not possible to recount in detail. Of particular interest is the overnight extended stay visit (often referred to as a familial visit or conjugal visit). As of 2014, when New Mexico and Mississippi canceled their programs, 46 states have no formal policy that allows incarcerated individuals to engage in a private overnight stay with any familial visitor (Boudin et al., 2013) . The policies of Connecticut, New York, and Washington will be outlined below, with a focus on the unique or differing dimensions of each policy.

Extended Options: Connecticut

In the state of Connecticut, incarcerated persons are eligible for a 24-hour extended family visit from their child (under 18) and their spouse, the child's guardian, or the parent of the incarcerated person (Connecticut Department of Correction Directive 10.6). Unique to this policy is the mandate that the incarcerated person must be visited by two persons, one of whom must be their child. Incarcerated persons are eligible for a visit every 90-days. A set of eligibility guidelines exists for both the visitors and the incarcerated person. These eligibility guidelines for the incarcerated person mandate that they must not be on a restrictive status, must not have high-class disciplinary offenses, must have been incarcerated for at least 90 days, and must be in good health (Connecticut Department of Correction Directive 10.6) . Extended family visits occur on Saturdays and Wednesdays, beginning at 8:30 in the morning and ending at 8:30 the next day (Connecticut Department of Correction Directive 10.6). These visits cost ten dollars and are conducted in private trailers that are “similar to a two-bedroom apartment” (Connecticut Department of Correction Directive 10.6, p. 7) . Each facility in the state is capable of setting its own specific eligibility guidelines for both visitors and incarcerated individuals, in addition to the general rules set forth by the Connecticut Department of Corrections

Unlike the Connecticut state policy, which requires a child present in order for the extended stay visit to occur, the policies in New York, Washington, and California do not have this provision. Similar among all three policies are the extensive documents required by the visitor, to establish their identity and connection to the incarcerated person they are seeking to visit, as well as a lengthy application process that includes providing medical, legal, and background records . In all three states, a committee makes the final decision to approve or reject applications for these extended visits.

Extended Options: Washington

The “Extended Stay Family Policy” of Washington used the terminology “Extended Family Visits” rather than the now stigmatized term of conjugal visit (DOC 590.100) . Individuals able to apply for these types of visits include immediate family, parents, step-parents, grandparents, siblings, aunts or uncles, and legally married or state-certified domestic partners (DOC 590.100) . Similar to Connecticut, these visits are private and occur in mobile home units that must have at least one bedroom, a kitchen, a bathroom and a living room. Under the Washington state policy, the incarcerated person must be serving at least five years, have been incarcerated for at least one year, cannot be in a maximum security facility, and cannot be a sex offender. The visitor cannot be their victim in the case of domestic violence, and the inmate must have a clean infraction record (DOC 590.100) . For visitors, the individual cannot be on parole, probation, or awaiting trial, cannot have testified against the individual, must be on their visitor list, and must have visited in person or through video visitations at least 6 times in the last year (DOC 590.100) . This last qualification is especially unique to this policy. The visits themselves can last from 20-48 hours and cost $15 per night, a charge payable by either the visitor or the incarcerated person. An incarcerated person is eligible for one extended visit per month.

Extended Options: New York

The New York Family Reunification Program operates similarly to the aforementioned Washington State policy. There are strict eligibility requirements, which include but are not limited to: the incarcerated person must be a minimum of 6 months into their sentence, must be clear of “excessive” disciplinary infractions and have no “major or severe” infractions, must be eligible for regular visits, cannot be a sex offender, and must be involved in at least one program related to their risk-needs assessment (DOC Dir 4500) . Visitor eligibility also requires that the individual be a frequent visitor; however, unlike the six visits required in Washington, three visits within the last year are required in New York.

For a visitor to be eligible, they must be able to show they are a legally married or common-law spouse, a child over the age of 18, a child under the age of 18 accompanied by a parent or the spouse of the incarcerated person, a minor child without an adult but with written permission approved under special review, a parent or step-parent of the incarcerated person, or a grandparent (DOC Dir 4500). The review process in the state of New York takes roughly five weeks by a full cycle review of the state DOC; after initial approval, subsequent applications can be handled by the specific facility. Twenty-two out of the fifty-two correctional facilities in the state offer this program (DOC Dir 4500). Similar to Washington State, extended visits can be canceled at any time, and individuals can lose their eligibility within the program, subject to the discretion of the facility.

Policy Options

Based on prior literature, the following policy options exist for states interested in implementing a form of an extended family (conjugal) visitation program. These policy options will focus on the general type of visit. Guidelines on eligibility are largely similar across the existing policy options, and as such, a given state should determine eligibility in line with their current visitation procedures. Noting that there is state by state variation in visitation procedures (Boudin et al., 2013), it is not feasible in this brief to cover all aspects of an extended family visitation policy. Instead, the options provided are based on the shared characteristics of existing policies. In other words, in the options that follow (particularly options one and two), the state will be left to determine what specific qualifying and disqualifying protocols should be in place for incarcerated persons to be eligible for the program.

The three policy options provided focus solely on the eligibility who can visit. These options are as follows:

Option 1 – Child-Caregiver-Incarcerated Parent Extended Visit

This option suggests adopting and implementing a family visitation program inspired by the state of Connecticut, requiring a child to be present during such visitations. The naming of this option as Child-Caregiver-Incarcerated Parent Extended Visit highlights the strict requirement of this approach. Only incarcerated parents of minor children may participate in this program, and only if the caregiver of that child is also willing to participate in that visit. It is recommended in this option to follow the overarching policy guidelines of the state of Connecticut related to the contents of visitation trailers and the length of these visits. As stated previously, the state may determine additional qualifying or disqualifying metrics.  

Advantages:

• Allows for the facilitation of social ties between children and their incarcerated parent, which has been shown to reduce the criminogenic impact of growing up with an incarcerated parent.
• Allows for the strengthening and maintaining of social bonds and ties between the child, incarcerated parent, and caregiver.
• By focusing the policy and public narrative around the child being present, it may be possible to prevent negative public backlash related to the label of “conjugal” visits.

Disadvantages:

• The scope of this program is limited to incarcerated individuals who have a child and a relationship with that child’s caregiver that would facilitate a three-way visitation.
• Initial administrative, operations, and constructions costs related to setting up the infrastructure to facilitate these visits.
• Times for such visits would be limited due to school schedules and would likely cause a backlog of visitations.
• It may be hard for the child and parent to require the pre-requisite number of prior regular visits in order to be eligible for extended visits.

Option 2 – General Extended Family Visit

Adopt and implement a family visitation program inspired by states that do not have the child plus caregiver requirement. Or in other words, those states whose policies use a broader definition of who can visit. For the purposes of clarity and simplicity, this can be called the General Extended Family Visit. Within such a policy, parents, siblings, children, legal or common-law spouses, grandparents, and additional family members would be able to apply for the general extended family visit, if they had made a minimum of three regular visits (in person or video) in the prior year. It is recommended that states base their specific policy to be in line with their already existing visitation policies, while incorporating the key structures of The New York Family Reunification Program. As stated previously, the state may determine additional qualifying or disqualifying metrics.  

• A wider variety of individuals who are key social support structures in the lives of incarcerated persons would have access to the visitation program.
• Extended family visitation has been shown to decrease recidivism after re-entry, decrease instances of violence in prison between incarcerated persons, and produce stronger reports of familial ties on release.
• Longer, higher-quality interpersonal visits may facilitate a higher frequency of visits by helping to combat certain barriers to visitation.
• Allows for policy evaluation research to examine the effects of different types of visitors on things such as stress and strain experienced by incarcerated persons, recidivism, inter-inmate violence, and visitation satisfaction. This is critical to understanding what types of visits are beneficial and which ones do more harm than good.
• Different types of visitors are shown to produce different levels of social and emotional support based on factors like the gender of the incarcerated person (Adams, 2018; Mowen & Visher, 2016; Turanovic & Tasca, 2019).

Disadvantages

• Achieving pre-requite prior visitations may be difficult for individuals seeking to participate in the program.
• It may appear as a “soft on criminals” approach that led to the cancelation of extended family (conjugal) visitation programs in states such as Mississippi and New Mexico.

Option 3 – Maintain course

A third option is to maintain current visitation policies and not provide extended family visitations. This “as is” approach centers around the idea that the given Department of Corrections is doing enough to facilitate familial ties by providing its regular, standard visitation practices. This applies to states with no set-up for extended visits and those having only informal extended visit procedures (Boudin et al., 2013).

• No additional cost incurred (only applies to states that do not still have facilities from previous programs).
• No changes in policy, staffing, or procedures needed.
• No risk of public backlash of being “soft on criminals.”
• Does not address the needs of incarcerated persons or their families relative to visitation.
• Does not allow for continued research on how various types of visitation may have greater impacts on recidivism.
• Ignores that there is research that shows that extended family visits reduce recidivism more than standard visits.
• Does not address the burdens experienced by families of incarcerated persons.

Recommendations

With careful consideration of existing familial visitation policies and standard visitation policies, as well as the recognition that existing policies in either domain are not standardized but rather tailored to the individual state by their department of corrections (Boudin et al., 2013), it is the recommendation of this paper that, in light of research showing the positive effects of extended family visits on recidivism and family ties, states currently without such policies should adopt a General Extended Family Visit policy (option two in the previous section). As mentioned above, the primary advantages of this approach include its broader scope of allowable visitors (recognizing heterogeneity in visitation effects), its capacity for reducing barriers to visitation, and the expected impacts on recidivism and quality of life.

Reducing barriers to incarceration is critical to sustaining the positive effects of visitation experienced by incarcerated persons, as research has shown that disruptions such as canceled visitation or infrequent visitation diminish the statistical significance of visitation in reducing misconduct while incarcerated (Siennick et al., 2013). While a full review of the significant barriers faced in attempting to visit an incarcerated family member is beyond the scope of this report, these difficulties largely center around time and distance spent traveling, cost of traveling, already fraying relationships, and negative outlooks on the visitation environment itself (Christian, 2005; Mitchell et al., 2016; Mowen & Visher, 2016). By providing private trailers with amenities far beyond that of a regular visitation space , an overnight visit, and privacy to promote a sense of near normalcy alongside intimacy, General Extended Family Visits directly address several of these barriers.

A key component leading to the recommendation for states without extended familial visits to adopt a program in its likeness is that it does not require the presence of a child for such visits to occur and allows for the broadest range of potential visitors, with extended family being able to apply for special consideration . This is important, because both qualitative and quantitative research reveals the effects of visitations are about more than just the simple act of visiting. There is no standard “best visitor,” and factors such as the gender of the incarcerated person, the quality of the previous relationship, and parenthood status all present unique dimensions to determining who makes an individual level best visitor (Mitchell et al., 2016; Mowen & Visher, 2016; Tasca et al., 2016; Turanovic & Tasca, 2019). Thus, by having a more open approach to individuals who can apply for extended visitation, states avoid a “one-size fits all” approach to policymaking.    

While prior quantitative research is limited, this research has found support for the ability of extended family visitation to have a greater effect on reducing recidivism and inter-inmate violence than standard visitations (Boudin et al., 2013; D’Alessio et al., 2013; De Claire & Dixon, 2017; Mitchell et al., 2016). In addition to reducing recidivism (a major goal of the correctional system and criminal justice system as a whole), extended visitations help to lessen the burden of the collateral consequences of incarceration, especially the strains and stressors related to the deterioration of familial networks, experienced by both those that are incarcerated and their families on the outside (Mowen & Visher, 2016; Tasca et al., 2016; Turanovic et al., 2012). In continuing with trends supporting restorative justice and social justice approaches to the criminal justice system, alleviating strains experienced by families of the incarcerated presents another strong reason for adopting this form of General Extended Family Policy. The importance of extended family visits for the mental and social wellbeing of incarcerated persons and their own views on their familial ties has been shown in research examining both incarcerated men and women (Einat & Rabinovitz, 2013; Pierce, 2015).

It is important to note, as we strive for evidence-based practices and policies, that more research is needed on the specific effects of extended family visits. The extant research has become outdated, existing in a time and space of a vastly different socio-political and prison policy climate (i.e., the get-tough era). The meta-analyses presented above focus primarily on visitation as a whole. While extended visitation was included in their analyses, replication and further study are needed to determine the degree to which extended visits may provide more of a benefit than regular visitation programs. Thus, states implementing the above recommendation should do so with the explicit purpose of constructing a monitoring and evaluation framework in order to conduct further research on the effects of extended family visitation on recidivism, prison misconduct, and familial ties.

Annotated Bibliography

Adams, B. L. (2018). Paternal incarceration and the family: Fifteen years in review. Sociology Compass , 12 (3), e12567. https://doi.org/10.1111/soc4.12567

This review of previous literature is important for understanding the effects of incarceration on families. The researchers provide a comprehensive review of the current state of literature related to paternal incarceration and provide insights into the importance of visitation for familial ties. Those without a background on the impacts of incarceration on families can gain a snapshot of modern research on the topic from this paper.

Boudin, C., Stutz, T., & Littman, A. (2013). Prison visitation policies: A fifty-state survey. Yale Law and Policy Review , 32(1) , 149-189.

This is the only known comprehensive review of visitation policies in every state. This paper highlights the variation in policies by state and notes the differences between formal stated policies and informal practices. The article features a review of various extended stay programs. However, it should be noted that several states listed as providing extended stay programs, no longer provide such services (New Mexico and Mississippi).

Carlson, B. E., & Cevera, N. (1991). Inmates and their Families: Conjugal Visits, Family Contact, and Family Functioning. Criminal Justice and Behavior , 18 (3), 318–331. https://doi.org/10.1177/0093854891018003005

This study examined differences in the perceptions of family functioning and familial bonds between incarcerated men and their wives participating in the "Family Reunification Program", an extended visit policy in New York State. The results of this study, based on surveys by 63 incarcerated persons and 39 wives, found positive effects for the extended visitation program. Both incarcerated men and their partners reported higher levels of closeness than those not participating in the Family Reunification program.

Christian, J. (2005). Riding the Bus: Barriers to Prison Visitation and Family Management Strategies. Journal of Contemporary Criminal Justice , 21 (1), 31–48. https://doi.org/10.1177/1043986204271618

This qualitative research study examines the lived experience of individuals riding a 24 hour bus to visit their incarcerated loved ones. The study finds significant barriers to incarceration related not only to time and distance but also treatment by correctional staff and the visitation environment. This study provides qualitative depth to help understand the relatively low rate of individuals receiving visits while incarcerated in the United States.

Cochran, J. C., & Mears, D. P. (2013). Social isolation and inmate behavior: A conceptual framework for theorizing prison visitation and guiding and assessing research. Journal of Criminal Justice , 41 (4), 252–261. https://doi.org/10.1016/j.jcrimjus.2013.05.001

This article provides a comprehensive review on scholarship related to both positive and negative effects of prison visitation. The article provides an expert analysis on the current state of the literature as well as the heterogeneous impacts of various types of prison visitation.

Connecticut Department of Corrections. (2020). Inmate Visits (10.6; p. 14). Connecticut Department of Corrections.

This document provides the Connecticut Department of Corrections policies related to visitations at carceral facilities in the state. It presents the overall policies of the state, including but not limited to the states’ extended visit policy. It is of critical importance to understanding existing policies in place

D’Alessio, S. J., Flexon, J., & Stolzenberg, L. (2013). The Effect of Conjugal Visitation on Sexual Violence in Prison. American Journal of Criminal Justice , 38 (1), 13–26. https://doi.org/10.1007/s12103-012-9155-5

This article examines the impact of conjugal visits on sexual violence in prisons by examining longitudinal data from all fifty states. In this study the dependent variable is the yearly number of reported sexual offenses between incarcerated persons and the independent variable of interest is a dummy variable based on if a state has a conjugal visitation program. This study found that states with conjugal visitation programs have significantly lower levels of sexual offenses when controlling for other factors. This article makes up a key portion of the limited extant literature on conjugal visitation.

De Claire, K., & Dixon, L. (2017). The Effects of Prison Visits from Family Members on Prisoners’ Well-Being, Prison Rule Breaking, and Recidivism: A Review of Research since 1991. Trauma, Violence, & Abuse , 18 (2), 185–199. https://doi.org/10.1177/1524838015603209

This article provides a meta-analysis of prison visitation research, focused specifically on the effects of that research for incarcerated persons. The study finds that visitation generally has a positive impact on inmate wellbeing, reduces recidivism, and reduces inter-inmate violence. Additionally, this research finds heterogeneity in the effects of visitation based on the type of visit and the gender of the inmate being visited. This study is important for those seeking a background on the effects of prison visitation for incarcerated persons.

Duwe, G., & Clark, V. (2013). Blessed Be the Social Tie That Binds: The Effects of Prison Visitation on Offender Recidivism. Criminal Justice Policy Review , 24 (3), 271–296. https://doi.org/10.1177/0887403411429724

This article examines the impact of visitation, visitation frequency, and type of visitor on recidivism risk. The study found that examining visitation frequency shows there are nuanced effects beyond visitation yes/no of visitation on recidivism. Additionally, certain visitors were found to decrease recidivism risk while others, such as former spouses, increased risk of recidivism post-release. It is a well-researched and methodologically sound article providing a nuanced take on the effects of visitation.

Einat, T., & Rabinovitz, S. (2013). A Warm Touch in a Cold Cell: Inmates’ Views on Conjugal Visits in a Maximum-Security Women’s Prison in Israel. International Journal of Offender Therapy and Comparative Criminology , 57 (12), 1522–1545. https://doi.org/10.1177/0306624X12461475

This article examines the perceptions of conjugal visitations within a women's prison in Isreal. This qualitative study reveals key themes related to the visitation experience that highlights its importance for maintaining familial ties and social bonds for participating women. It is an important study for those examining the significance of providing extended visits beyond measurable metrics such as recidivism.

Enns, P. K., Yi, Y., Comfort, M., Goldman, A. W., Lee, H., Muller, C., Wakefield, S., Wang, E. A., & Wildeman, C. (2019). What Percentage of Americans Have Ever Had a Family Member Incarcerated? Evidence from the Family History of Incarceration Survey (FamHIS). Socius , 5 , 2378023119829332. https://doi.org/10.1177/2378023119829332

This article uses a new tool the Family History of Incarcerated Survey, to answer their research question of how many individuals living in America have ever had an incarcerated family member. The authors found that nearly half of all Americans have experienced the incarceration of an immediate member of their family. This research is important for beginning to understand the significance of having a variety of visitation programs within a given department of corrections.

Hensley, C., Koscheski, M., & Tewksbury, R. (2002). Does Participation in Conjugal Visitations Reduce Prison Violence in Mississippi? An Exploratory Study. Criminal Justice Review , 27 (1), 52–65. https://doi.org/10.1177/073401680202700104

This study examines the impact of conjugal visitation on inter-inmate violence in prisons within the state of Mississippi. The researchers surveyed 256 men and women within two prisons in the state. The researchers found no statistically significant difference in threats or acts of violence between those participating in the program and those that were not. This study is important to recognize because it does not find positive effects of conjugal visitation.

Hensley, C., Rutland, S., & Gray-Ray, P. (2000). Inmate attitudes toward the conjugal visitation program in Mississippi prisons: An exploratory study. American Journal of Criminal Justice , 25 (1), 137–145.

This study examines perceptions of conjugal visitation within two Mississippi prisons. In this study incarcerated persons, both participants and non-participants were surveyed. The key finding of this study is that both groups rated the program as being a both important and necessary form of visitation regardless of their own eligibility for the program.

McElreath, D. H., Doss, D. A., Jensen, C. J., Wigginton, M. P., Mallory, S., Lyons, T., Williamson, L., & Jones, D. W. (2016). The End of the Mississippi Experiment with Conjugal Visitation. The Prison Journal , 96 (5), 752–764. https://doi.org/10.1177/0032885516662644

This article discusses the factors that led to the cancelation of the Mississippi conjugal visitation program. The authors cover previous literature on conjugal visitation as well as research specific to the state of Mississippi. It is an important piece to read to understand common objections to extended familial visitation programs.

Mears, D. P., Cochran, J. C., Siennick, S. E., & Bales, W. D. (201). Prison Visitation and Recidivism. Justice Quarterly , 29 (6), 888–918.

This article uses propensity score matching in a rigorous analysis of the effects of prison visitation on recidivism. The authors find that different types of visits as well as the frequency of visits are important moderating variables on the effect of visitation measured as yes/no on recidivism. Overall the researchers find that visitation has a positive effect on recidivism. This study is an important piece of the quantitative literature on the effects of visitation on recidivism due to its rigorous design.

Mitchell, M. M., Spooner, K., Jia, D., & Zhang, Y. (2016). The effect of prison visitation on reentry success: A meta-analysis. Journal of Criminal Justice , 47 , 74–83. https://doi.org/10.1016/j.jcrimjus.2016.07.006

This meta-analysis examines the effects of prison visitation on recidivism. The authors of this meta-analysis examined studies that looked at nuanced factors that may effects the any relationship between visitation and recidivism including; who is visiting, what type of visit is being conducted, and the gender and race of the individual being visited. The results of this study point to extended visits having a greater impact on recidivism than standard visits. This article is important for those looking to gain immediate insights into trends in the research on visitation.

Mowen, T. J., & Visher, C. A. (2016). Changing the Ties that Bind. Criminology & Public Policy , 15 (2), 503–528. https://doi.org/10.1111/1745-9133.12207

This study specifically examines factors that lead to changes in familial ties when a member of that family is incarcerated. Central among their findings to this policy brief is the reported importance of visitation in sustaining familial ties. This study is important for understanding the dynamics within families with an incarcerated immediate member.

New York State Department of Corrections and Community Supervision. (2016). Family Reunion Program (DIR #4500; p. 14). New York State Department of Corrections and Community Supervision.

This document provides the New York State Department of Corrections and Community Supervision policies related to the extended stay visitation program at carceral facilities in the state. It presents the overall policies of the state regarding this program known specifically as the Family Reunification Program. It is of critical importance to understanding existing policies in place

Pierce, M. B. (2015). Male Inmate Perceptions of the Visitation Experience: Suggestions on How Prisons Can Promote Inmate–Family Relationships. The Prison Journal , 95 (3), 370–396. https://doi.org/10.1177/0032885515587471

This study, through a qualitative design, examines heterogeneity in visitation by asking incarcerated men about their visitation experiences. The authors specifically included those that had experienced extended stay familial visits and the importance of these visits are accounted for in detail. This article presents important findings via recommendations these men have for improving visitation experiences.

Siennick, S. E., Mears, D.P & Bales, W.D., (2013) Here and Gone: Anticipation and Separation Effects of Prison Visits on Inmate Infractions. Journal of Research in Crime and Delinquency, 50 (3), 417–444. https://doi.org/10.1177/0022427812449470

This study examines the impact of irregular visitation schedules and canceled visitations on the behavior of incarcerated persons. The results of this study show that gaps in visitation may increase inmate infractions and violence. The authors find that maintaining and facilitating regular visits reduces infractions and violence. This study is important for examining the impacts of visitation backups and canceled visitations.

Tasca, M., Mulvey, P., & Rodriguez, N. (2016). Families coming together in prison: An examination of visitation encounters. Punishment & Society , 18 (4), 459–478. https://doi.org/10.1177/1462474516642856

This qualitative study takes a unique approach to studying prison visitation by examining what is said during these visits in order to assess factors related to perceptions of a "successful" visit. The authors present several key themes related to the types of conversations most frequently had based on the relationship between the visitor and visiting party. It is important for understanding the social dynamics of visitations.

Turanovic, J. J., Rodriguez, N., & Pratt, T. C. (2012). The collateral consequences of incarceration revisited: A qualitative analysis of the effects of caregivers of children of incarcerated parents. Criminology , 50 (4), 913–959. https://doi.org/10.1111/j.1745-9125.2012.00283.x

This study presents a large (100 caregiver) qualitative analysis on the experiences of family members of the incarcerated. The results of this study highlight the collateral consequences of incarceration experienced by families, including barriers to incarceration. The study highlights first-hand accounts on how visitation can be a strong asset in lessening the collateral consequences of incarceration. This study is important for those seeking more information on the social benefits of visitation beyond that of recidivism prevention.

Turanovic, J. J., & Tasca, M. (2019). Inmates’ Experiences with Prison Visitation. Justice Quarterly , 36 (2), 287–322. https://doi.org/10.1080/07418825.2017.1385826

This extensive study of experiences of prison visitation examined emotional responses to visits by the incarcerated. The results of this study, derived from 228 incarcerated persons, show that a whole range of both positive and negative emotions associated with visitation are commonly experienced. The authors recommend family-focused interventions, such as extended familial visits may help maximize the positive effects of visitations while combatting negative effects.

Washington Department of Corrections. (2020). Extended Family Visiting (DOC 590.100; p. 17). Washington Department of Corrections.

This document provides the Washington State Department of Corrections policies related to extended family visitations at carceral facilities in the state. It presents the overall policies of the program and is of critical importance to understanding existing policies in place.

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Conjugal Visits Are Real and They’re Great for Society

May 28, 2021 Written by Jill Harness and Edited by Peter Liss

Conjugal visits are regularly referenced in movies and TV shows but they almost seem unreal. After all, why should people serving time for crimes be allowed to have sex when they’re supposed to be punished? But that’s one of the big misconceptions about what the California Department of Corrections and Rehabilitation calls “Family Visits.” The official name isn’t just bureaucratic code for conjugal visits -the real reason the state allows these visits is to provide inmates to stay close to their families. And studies show this kind of visitation program has some profound benefits.

How did Conjugal Visits Get Started?

Conjugal visits were originally introduced in Mississippi state in the early 1900s. At the time, inmates were essentially just used as slaves, even physically beaten if they broke the rules or failed to work hard enough. To provide positive encouragement for those who worked hard and followed the rules, the prison brought prostitutes for the best inmates every Sunday. Eventually, the prison started allowing prisoners’ wives and girlfriends to visit as well.

The idea eventually caught on, and over the years, many other states adopted the idea of letting wives spend time with their inmate husbands, with over 1/3 of states in the United States eventually enacting some type of conjugal visit program. Unfortunately, with the push to “get tough on crime” that took place in the 90s, many states got rid of these types of programs, which were seen as “being soft on crime” by giving prisoners “sex visits” when they should be being punished. Nowadays, the only four states that offer conjugal visits are California, Connecticut, New York and Washington.

What is a Conjugal Visit?

A conjugal visit is where an inmate gets to see their family with some slight level of privacy and intimacy. One of the big misconceptions about these visits is that they are purely designed to allow prisoners to have sex. While that may be how the program started and may be part of the experience for married couples, the true purpose of the visits is to allow prisoners the opportunity to spend time with their families. Notably, in New York, where inmates are allowed to visit with extended family members, only 48% of these meetings were with a spouse.

Even when the visit is with a spouse, most inmates say that while the chance to have sex with their partners was nice, the family visit was more about being intimate with the person they love for anywhere from 30 to 40 hours. Considering that standard prison visits require all conversations be monitored by guards, and partners are only permitted to kiss at the start and end of the visit, the chance to have private discussions for 24 hours and spend the night in bed together is a welcome change.

How do the Visits Work?

Inmates who qualify for family visits can spend up to 40 hours in an apartment located on prison grounds with their spouses, domestic partners, or other immediate family members, including children, siblings or parents. These apartments are equipped with toiletries, sheets and condoms.

Prisoners are allowed no more than four visits per year. Unfortunately, because of the program’s popularity and the limited number of prison apartment spaces, it’s more likely prisoners will only be able to participate twice a year.

Not all prisoners are eligible for the program. Anyone on death row, who is serving a life sentence, or who was convicted of a sex offense is ineligible. Additionally, inmates must have a record of good behavior, and anyone on disciplinary restrictions cannot participate. Those eligible must apply through their correctional counselor.

Visiting family members will not be strip-searched, though the prisoner will. While the visit is mostly unsupervised, the area will be searched as often as every four hours.

Visitors must follow many rules , including what they wear. For example, no one can wear blue jeans, and women cannot wear short dresses, short skirts, strapless tops or form-fitting clothing.

Why do States Allow for Family Visits?

There are many benefits, but the biggest one is a dramatic reduction in recidivism rates . One study in New Mexico (which recently discontinued conjugal visits) showed that prisoners who participated in extended family visits had 70% less chance of ending up in prison than those who did not participate.

Family visits are, therefore, more effective than education in keeping former felons out of prison. The effectiveness of these programs makes sense, considering they help maintain relationships between inmates and their loved ones. These relationships are critical in helping convicts readjust to life outside prison after release.

Though many people consider these programs to be a waste of taxpayer money, it’s been shown that every $1 spent on education in prisons saves taxpayers $5 annually due to the reduced cost of housing prisoners. Given that visits with family members cost less and are even more effective at reducing crime rates, maintaining these programs seems to be a no-brainer.

Reducing recidivism rates is not the only benefit of conjugal visits. By encouraging prisoners to be good to earn time with their loved ones, prisons can reduce violence and dangers to other inmates and guards -which could further reduce the tax rates associated with incarceration. More savings can be realized as well, because the more prisoners are model citizens, the more likely they are to be eligible for early release programs, where they can enjoy a complete family reunion outside of the prison.

There is also evidence that conjugal visits reduce prison rape . One study found that sexual violence in prison occurred at a rate of 226 per 100,000 prisoners in states without these programs while occurring at a rate of 57 per 100.000 prisoners in states with family visits.

Conjugal Visits During Covid-19

Unsurprisingly, these programs were temporarily discontinued as a result of the ongoing pandemic, but they have since been reinstated. To participate in visits , all guests over 2 must be vaccinated or show proof of a negative covid test taken within 72 and 96 hours of the visit. Following the visit, inmates must take a covid test within 72 and 96 hours. Those who test positive, are unvaccinated, or refuse to take the test will be placed in quarantine after the visit.

Alternative Sentences are Still Preferable

Of course, being allowed to continue living with your family is better than any conjugal visit. Maintaining your family life is possible if you prove your innocence or are given an alternative sentence  such as probation. Your choice of criminal lawyer makes such a drastic difference in the outcome of your case. If you have been accused of any crime, please call (760) 643-4050 to schedule a free initial consultation with Peter M. Liss.

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Conjugal Visits | Criminal Defense |

Are Conjugal Visits Really Allowed in MN?

In movies and on television, the idea of conjugal visits in prison seems universal, but it’s actually not a reality in a good number of states, including Minnesota.

A petition made the rounds recently online to try to change this fact. A woman requested the state’s Senator, Amy Klobuchar, to help make conjugal visits a right for inmates in Minnesota.

The petition closed and the laws have not been changed, but it does highlight the importance of knowing what types of activities are allowed and not allowed when visiting an inmate in a Minnesota correctional institution.

Here’s what you need to know about Minnesota’s prison visitation policies and procedures and what can happen if they are violated.

Rules of Visitation for MN Corrections Facilities

Visitation is an important part of an inmate’s life. Not only does it serve to help them get through serving their time by seeing people they care about, but it also helps them to maintain and build their support networks outside of prison.

This is an incredibly important endeavor for ensuring a successful transition once they are released. In fact, positive interactions with family and friends during incarceration is believed to lead to lower rates of recidivism as well.

However, there are rules when you visit an inmate in Minnesota . The most important is the fact that you must apply to visit an inmate. You can obtain an application to become a visitor in one of three ways:

• Download it through the prison’s website
• Pick one up at a Department of Corrections Facility
• Have the inmate send you an application

Once you’ve submitted your application and have been approved, then the inmate will be notified and they will communicate the information to you.

How Long Do Visitations Last?

In general, if you travel less than 100 miles for the visit, then you will be allowed to register for a visit that lasts one to two hours. If you travel more than 100 miles one way, then you may be granted an extended visit – but this is up to the discretion of the prison.

The inmate must petition the prison for a longer visit at least 7 to 10 days before the visit is to take place. On weekends, due to crowding, visits may be restricted to one hour.

Are There Different Rules for Minors?

If you wish for a minor to visit the inmate, then an adult applicant must complete the application and list the minor in the space provided on it. You will need to submit a copy of the certified birth certificate of each minor along with the application.

What Items Can You Bring as a Visitor?

You must empty your pockets before visiting with an inmate. A locker will be provided. You can carry the locker key along with your identification with you, but all personal items must be secured. Every visitor is required to pass through a metal detector prior to visiting time.

No one may bring gum, candy, food, or drinks into the visitation rooms under any circumstances.

What If the Rules Are Broken?

If a visitor breaks the rules of visitation while visiting an inmate, then the incident is recorded by prison staff and the visitor will be advised they have violated the rules and sanctions of visitation.

Rule violations can lead to a visitor being barred from future visits as well. Depending on the infraction, a visitor may even face criminal charges.

To be reinstated, they would have to appeal in writing to the administrator of the prison to regain their visitation privileges.

If you have questions about visiting your loved one or about accusations of visitation violations in a Minnesota prison or if are seeking special permission for any activity (besides conjugal visits, of course) during visitation, reach out to an experienced criminal defense attorney for help.

About the Author:

Andrew T. Poole is a Minnesota native who has served in the Army for more than 18 years and is currently a JAG lawyer in the Army Reserves in addition to serving as a partner at LaCourse, Poole & Envall . He has handled thousands of criminal and family law cases over the course of his career and has a firm belief that all hardworking Minnesotans should be entitled to the best possible legal counsel. Mr. Poole boasts a 10/10 Superb rating on Avvo , is Lead Counsel rated, and has been recognized multiple times by SuperLawyers , National Trial Lawyers , and others for his work.

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That’s why the state of Minnesota provides several routes for couples to execute a divorce. There are requirements that must [...]

How to Ensure Your Family Members Are Safe in a MN Nursing Home

It’s never an easy choice to move someone you love into a nursing home, but when you make that choice you’re putting a lot of trust in the people who run the facility.

The good news is that nursing homes [...]

How Does a MN Order of Protection Restrict Your Rights?

In Minnesota domestic violence cases, orders of protection are typically used to protect the victim from the person accused of committing the domestic violence against them. If the victim feels they are being threatened or may suffer actual abuse, they [...]

What Is a Controlled Substance in Minnesota?

Minnesota is no different from every other state in the U.S. in that it has laws surrounding the possession, manufacture, and sale of controlled substances. The laws in Minnesota break these substances up into different schedules. They base penalties on [...]

How Do I Know What Type of MN Auto Coverage I Need?

The sprawling greenery and beautiful waters of the “Land of Lakes” might inspire scenic weekend drives, but most Minnesotans own a car simply to get where they’re going. No matter where you drive, you need insurance to protect yourself, as [...]

The Various Ways You Can Be Accused of Shoplifting in MN

When people think of shoplifting, they typically imagine someone shoving something into their purse or backpack to conceal merchandise without paying for it. While this is example of shoplifting, it isn’t the only way to commit the crime.

Shoplifting is [...]

Is a DUI a Misdemeanor or Felony in Minnesota? It Depends

In Minnesota, getting a DWI or DUI can lead to serious consequences. The fact is that a DWI in Minnesota can be charged as a misdemeanor or as a felony – the facts surrounding the case as well as any [...]

Got a Minnesota DWI? It Could Have Been Worse

Drinking and driving is never a good idea, but it becomes an even worse situation when an accident is involved, as one Minnesota man recently found out.

A 22-year-old man was convicted of killing three people in a car accident [...]

Can You Get Compensation for Dog Bite If Owner Denies Responsibility?

Police dogs should be shining examples of a well-trained dog. But even these highly-behaved working dogs act like untrained animals sometimes.

In Duluth, the city awarded a woman $50,000 after she was bitten during a police dog encounter. The victim [...]

You Just Suffered a Slip and Fall in Minnesota — What Now?

Slip and fall accidents in Minnesota can happen any time and anywhere. The streets don’t have to be filled with snow and ice, which is why it’s important to understand the steps you should take if you do take a [...]

What You Should Know About Labor Day DUIs in MN

Labor Day weekend is about saying goodbye to summer for another year, but it can have one lasting impact you may not have planned for – a DUI.

Driving under the influence is a very serious crime in Minnesota that [...]

What Motorcycle Riders Can Do to Help Stay Safe

As sunny summer days take the reins, drivers might notice more motorcycles on the road.

If you’re a motorcycle enthusiast, you already know it’s the perfect time of year to cruise. Even if you appreciate your bike more for gas [...]

What Happens When a Robbery Becomes a Homicide in Minnesota?

When you hear the terms “homicide” and “murder”, you probably think they are contrasting words for the same act. While both signal the death of another person, the law regards them in quite different lights.

In the Cedar-Riverside neighborhood, a [...]

Suspect Nursing Home Abuse? Here’s What Minnesotans Can Do

Many older people live in care facilities across Minnesota. Unfortunately, along with the number of people who live in these environments, neglect and abuse occur more frequently than one may hope.

According to the federal government and Minnesota state government, [...]

How Does Minnesota Divide Assets in a Divorce?

Sometimes, divorce must happen. Coming to the end of your marriage can be a painful process. Not only are their emotions to handle, but the assets you and your spouse have gathered over your marriage that must now be divided [...]

License Suspended? Defense Strategies to Fight Your DWI Charges

DWI charges can turn your life upside-down. A one-night mistake could lead to thousands of dollars in fines and legal fees, plus jail time.

For some, it can initiate a downward spiral: you lose your license, which keeps you from [...]

The Best Defenses Against Minnesota Drug Crimes

In Minnesota, drug laws are strictly enforced. If convicted of drug crimes in the state, you can face severe penalties that will alter the course of your life forever.

That’s why if you’re charged with a drug crime in Minnesota, [...]

Should Minnesota Workers’ Compensation Cover Medical Marijuana?

The COVID-19 pandemic has changed many things in Minnesota and around the world. Of course, it impacts the daily lives of many Minnesotans, but there are a few stand-out issues still impacted by the pandemic – issues like workers’ compensation.[...]

Minnesota Package Theft Charges Are Common This Time of Year

With the holidays in full swing, chances are many people are getting package deliveries on their doorstep. It may seem funny or thrilling to be a part of the “porch pirate” package theft trend, but in Minnesota, there are serious [...]

Did You Get a DWI in Minnesota? Here’s How to Beat It

If you are found operating a vehicle while intoxicated in North Carolina, then you will face a DWI charge – and that can come with significant penalties.

A Minnesota DWI can send you to jail, make you responsible for steep [...]

What Everyone Needs to Know about Minnesota DWIs

It’s the moment everyone dreads. You were just headed home after a night out having fun with your friends, but then it happens: lights. Sirens. And the next thing you know the police officer is asking you to take a [...]

The Importance of Having the Right Car Seat in a MN Crash

Something harmful happening to your child is a parent’s worst nightmare. There are some things parents can’t control when it comes to security, but some parental decisions have a huge impact on their child’s safety. One of those choices is [...]

Common Myths About Child Support

Child support: There’s plenty of information out there from many different sources – and not all of them are exactly trustworthy. You’ve likely heard the term “child support” or even seen it as a factor in your own separation and [...]

Bitten By Someone Else’s Dog? Here Are Your Options

Dogs are known as man’s best friend. While it is true they can bring happiness to the lives of many people, being bitten by a dog can cause a lot of pain and distress.

Dog bites impact the lives of [...]

Get Swept Up in the Moment? You Could Still Face Arson Charges

There are many reasons fires can occur. In fact, many fires are caused by accidents or circumstances out of the control of people. In those cases, it’s often dismissed as an unfortunate accident. However, when a fire is purposefully set, [...]

Mediators: What To Look for in your MN Divorce

Many people fear that divorce will be a long, contentious, drawn-out process in the courts. Fortunately, that is simply not true in many cases. Why? Because many of those going through a divorce choose a mediator to help them settle [...]

MN Domestic Violence Protective Orders: Common Conditions

Just as in other states, Minnesota takes threats and violence between members of the same household very seriously – and they take action to protect those who are vulnerable.

Minnesota provides victims of domestic violence with a form of legal [...]

Does Stalking Count as Domestic Violence in MN?

When people think about stalking, they imagine dark alleys and scared young women being followed by strangers, eventually leading to something terrible occurring. While that Hollywood version of stalking has probably happened somewhere at some time, most stalking crimes are [...]

Compensation for Daycare Injuries: Legal Options for Parents in Minnesota

Leaving your child in the care of a daycare facility is a decision made with trust and hope for their safety and well-being. Unfortunately, accidents can happen, and when a child sustains injuries while under daycare supervision, it can be [...]

MN Parents: Don’t Let Your Kids Fall Victim to These Holiday Dangers

The holidays are a wonderful time of the year that many people, especially kids, look forward to all year long. Unfortunately, there are some serious hazards that come along with all that joy and excitement – hazards that many parents [...]

Assets Easily Overlooked in a MN Divorce

Often, one of the most tedious and difficult things about Minnesota divorce is dividing up assets from the marriage. Many people don’t want to fully undertake this time-consuming process, but it’s to their detriment if they don’t.

Why? Because there [...]

Is Stalking Domestic Violence in MN?

You might imagine stalking as an act that requires someone to skulk in the shadows, obsessively watching unsuspecting victims go about their daily lives – so people have been led to believe. The truth is that stalking doesn’t always happen [...]

Minnesota Dog Bites: Who Is Responsible?

There are few things scarier than being attacked by a dog, and dog bites can be far more severe than many expect. Dog bites can cause lasting physical injuries and mental distress for victims, which is why Minnesota has specific [...]

How to Fight a Minnesota Drug Charge

Drugs are considered by the law to be a threat to society, which is why drug crimes are punished so harshly in this country. In Minnesota, someone caught with even a small amount of drugs can face serious charges that [...]

Can You Share a Divorce Attorney With Your Spouse in MN?

Going through a divorce can be a long, expensive, and arduous process, but it’s not always that way. In some situations, there may be agreement on all aspects of the divorce between the parties involved. That can make things a [...]

The Best Defenses Against MN Drug Crimes

The possession of drugs in Minnesota is a serious crime, but your sentence if found guilty can range quite a bit.

Drug crimes can be misdemeanors or felonies, depending on how much of a controlled substance you are found with [...]

MN Custody Laws Every Parent Should Know

Child custody is rarely a straightforward issue in family court. Often, parents don’t agree on what is best for the child – and when you throw in the legal complexities, cases can easily become confusing and complicated.

Anyone who is [...]

Want to Make a Liability Claim for Your MN Car Crash? Prove These 4 Elements

Accidents happen. And when you’re driving a car on Minnesota roads, the chances of an accident happening are fair – so it’s important to be prepared for incidents on the road.

Most people prepare for car accidents by buying vehicles [...]

Involved in a MN Crash over the Holidays? Get Compensation

In Minnesota, car accidents are unfortunately one of the most common types of personal injury claims. So, if you were involved in a car accident over the holidays, rest assured you’re not alone.

In fact, there have been many accidents [...]

When Does a Case Become Medical Malpractice in MN?

Medical malpractice is something that occurs everywhere, and each state has its own laws surrounding medical malpractice claims, including Minnesota.

Many people struggle with understanding whether or not their case falls under the umbrella of medical malpractice. What is important [...]

Steps to Take After a MN DWI Arrest

No matter how you got there, when you get pulled over and arrested for a DUI, you’re probably going to be worried. Most people don’t have a lot of experience interacting with police, much less being arrested by them.

However, [...]

What If Your Ex Doesn’t Follow the Divorce Decree?

When you get a divorce, you expect your ex-spouse to follow the obligations outlined in your divorce decree. But sometimes, the person to whom you were married falls short.

If your ex doesn’t follow the specifics in your divorce decree, [...]

The Worst Habits of Minnesota Distracted Drivers

In Minnesota, there are tens of thousands of car accidents each year. While the reasons behind these accidents vary, one of the most preventable reasons these accidents occur is distracted driving.

That is why one of the most important things [...]

When Do You Need a MN Child Support Modification?

When it comes to raising kids there are two certainties: It’s expensive, and it’s going to continually change.

Between the cost of food, childcare, education, extracurriculars, and housing, a lot of parents struggle to meet their children’s needs. Most parents [...]

Be Careful Your Holiday Partying Doesn’t Result in a MN Drug Charge

The holidays are celebrated in a variety of ways. For some, it’s about getting together with friends and family. For others, it’s about exchanging gifts. And then some also enjoy celebrating through wild parties with others, which can lead to [...]

Tips Before Seeking a Divorce

Sometimes, despite your best efforts, getting a divorce from your spouse is the only option you have. But it’s a big decision – not something you should just jump into feet first.

The truth is, there is a lot to [...]

MN Divorce Discovery: Do You Have to Say It All?

A divorce may mean the end of your marriage, but it also means an end to your joint venture as a married couple. All your assets are to be split, meaning you’ll have to identify all the assets you have [...]

How Well Do You Know the Retail Theft Laws in Minnesota?

You probably know that taking an item from a store without paying for is shoplifting – or retail theft. What if you put something into your purse, bag, or pocket, but haven’t left the store yet? Is that theft? Or [...]

Did Your Memorial Day Weekend Lead to a BWI?

Being out on a boat the first weekend of summer is a time to cherish. You can have fun with friends and family as the whole of summer stretches out before you. One complication you may not have counted on: [...]

How Strong are MN Prenups?

Prenuptial agreements are becoming more and more commonplace. People sign them as a way to protect their assets when they enter a marriage, in case of divorce or death. However, these prenuptial agreements aren’t always as ironclad as many would [...]

Surprising Charges That Can Make You a MN Sex Offender

In general, those who are convicted as sex offenders face many obstacles in society. They are seen as the worst of the worst, and people assume a lot about a person simply because their name is on a sex offender [...]

Wrongful Death in MN: What You Need to Know

There are few things in life as painful as losing someone you love – especially unexpectedly and prematurely. When that death occurs due to the negligence of another party, the grief and stress can feel overwhelming.

Even when the negligent [...]

MN Spousal Maintenance: What You Need to Know

Divorce can be a process that is difficult for many. Not only are emotions often running high as a marriage comes to an end, but ironing out the details regarding finances can add a layer of stress that neither party [...]

MN Bad Samaritan Law: You Have a Duty to Report

Most people are familiar with the idea of a Good Samaritan. You know, a person who helps another when they’re in trouble, like someone who stops to help after a car wreck or helps a stranded mother to change her [...]

Does Your Spouse Have to Agree to a MN Divorce?

Divorce is a process that is rooted in conflict. It’s rare for two parties to agree on everything during the divorce process.

In some situations, one spouse may not even want a divorce at all while the other spouse very [...]

Is There a Statute of Limitations on MN Sex Crimes?

In Minnesota, prosecutors aggressively pursue sex crime cases to bring those who commit them to justice. Their work was aided last year by the lifting of the statute of limitations on sex crimes in the state.

As of September 2021, [...]

When Do Legal Drugs Become Illegal in MN?

Every state has its own specific laws and penalties when it comes to controlled substances. In Minnesota, substances such as marijuana that are legal in other states become illegal once you cross the Minnesota state line.

It’s valuable for citizens [...]

MN Black Friday Crimes: Did You Get Swept Up?

Black Friday is an interesting day. On the one hand, there’s a lot of excitement generated about sales that can save you a lot of money on high-priced items. Black Friday sales are incredibly tantalizing. On the other hand, there’s [...]

Understanding Your Miranda Rights in Minnesota: What You Need to Know

Miranda rights are an essential component of the criminal justice system, ensuring that individuals in custody are aware of their constitutional rights during police interrogations. Understanding your Miranda rights is crucial if you face criminal charges in Minnesota. 

Why Do So Many MN Car Crashes Result in Back Injuries?

Back injuries can shift the trajectory of a person’s life forever. It’s a shame that these types of life-altering injuries are so common in car accidents, but there are some very logical reasons why they are.

Cars travel at high [...]

MN Non-Physical Acts That Can Lead to DV Charges

The term domestic violence conjures images in the minds of one person physically abusing another, but that’s not always the case. While physical harm can be done in domestic violence situations, there are other non-physical acts that can lead to [...]

Ride Share Accidents in Minnesota: Protecting Your Legal Rights

With the rise of ride-sharing services like Uber and Lyft, getting around town has become more convenient than ever. However, the risk of being involved in a ride-share accident comes with convenience. If you or a loved one have been [...]

Tips To Help You Find the Right MN Divorce Attorney

Going through a divorce is not a fun process. For many people, it’s not only a personal and emotional process but also a process that can have big implications on their financial future. That’s why it’s vital to choose the [...]

MN Car Accidents: Steps of a Personal Injury Claim

When you’re in a car accident and become injured, it can cast a lot of uncertainty on your future. The accident itself can be emotionally traumatic, and if you’ve been seriously hurt then you’re likely experiencing physical pain on top [...]

The Importance of a Prenuptial Agreement in Minnesota

A prenuptial agreement is a legal document that partners sign before getting married, outlining how their assets will be divided in the event of a divorce. While some people may view prenuptial agreements as unromantic or unnecessary, they can provide [...]

The 48-Hour Rule and MN Domestic Violence

Domestic violence happens in Minnesota as it does in other parts of the country. To help deal with domestic violence issues, Minnesota has created laws on how to intervene in these situations in order to help keep people safe.

Understanding [...]

St. Paddy’s PSA: Drunkeness Isn’t a MN Crime, But Disorderly Conduct Is

Saint Patrick’s Day, also known as St. Paddy’s Day, is a festive day that many people look forward to celebrating. It’s a day when people of all ages gather together to enjoy parades, drink green beer, and eat corned beef [...]

Staying Safe on a Snowmobile in MN: What You Should Know

Minnesotans love to snowmobile, as do many people in surrounding states. Each winter, they go thousands of miles on trails across the state, proving that Minnesota is a great place to indulge in this exhilarating pastime.

However, snowmobiling isn’t all [...]

Should You Sell Your MN Property Before Your Divorce?

The law surrounding divorce in Minnesota can be complex, particularly when property is involved. Many wonder if a house purchased during marriage should be sold before divorce. It’s a good question, but the answer isn’t that simple.

In a divorce, [...]

Who’s Responsible for an Injury That Occurs in a MN School?

A school is supposed to be a place where your child is safe. But just as with everywhere else you can go, accidents happen – especially when children are around.

When kids get hurt at school, whether in the classroom, [...]

MN Drug Possession: Are Car Passengers At Risk of Arrest?

Everyone has been a passenger in another person’s car. When you get a ride from someone or accompany a friend or family member somewhere, the last thing you expect is that it could end in criminal charges for you – [...]

MN Record Sealing: What You Need to Know

A criminal record is something that can add a lot of complications to your life. It can impact your reputation, your ability to find work, or even your capacity to find a place to live.

However, Minnesota offers something to [...]

Is It Possible To Expunge A Juvenile Record In Minnesota?

As an attorney in Minnesota, you may receive inquiries from clients seeking to expunge their juvenile records. Expungement is the process of sealing or erasing a criminal record from the public view. Juvenile records are typically sealed to protect the [...]

Personal Injury Attorney: Red Flags to Look For

Most people don’t have a lot of experience with attorneys. So, when something terrible happens to you, such as a personal injury, and you want to bring a lawsuit against the at-fault party, you may not be sure what to [...]

The Hidden Costs of a Minnesota DUI

It’s not hard to imagine that when you get a DUI in Minnesota, you pay your fines, serve your time, and then move on from the incident. However, driving under the influence in Minnesota is a crime that isn’t that [...]

How to Modify Your MN Child Custody or Support Agreement

A divorce or separation can be a difficult and emotionally challenging experience, especially when children are involved. One of the most critical aspects of divorce proceedings involving children is establishing child custody and support agreements. These agreements determine how parents [...]

Avoid These Common Mistakes After a MN Car Crash

Car accidents can be unsettling experiences. It’s hard to think at that moment, let alone process everything happening around you and what you should and should not do. That’s why people tend to make mistakes after a car accident.

MN Sex Crimes: How To Beat the Charges

The charge for sex crimes are some of the most serious you can have in Minnesota. Not only do you face time in prison, but also the requirement to register as a sex offender in some cases. This factor can [...]

What Defense Strategies Can Help with MN Domestic Violence Charges?

Domestic violence is a crime that the state of Minnesota treats with the utmost seriousness. In fact, our state has a zero-tolerance policy towards any form of violence within the household. 

Domestic violence can take many forms, including physical, emotional, [...]

The Importance of Pre-Trial Investigations in Minnesota Criminal Defense

Pre-trial investigations are crucial in building a strong defense strategy for individuals facing criminal charges in Minnesota. Pre-trial investigations provide an essential foundation for achieving favorable outcomes in Minnesota’s criminal justice system by uncovering key evidence, identifying potential defenses, and [...]

The Role of Expert Witnesses in Brain Injury Cases

Brain injury cases can be complex and challenging, requiring a deep understanding of the medical and legal aspects. The consequences of brain injuries can be profound, affecting individuals physically, cognitively, emotionally, and financially. In such cases, expert witnesses play a [...]

Your Kid Got Hurt at a Minnesota Daycare — What Now?

Child injury at daycare is a frightening and stressful experience for any parent. The well-being of your child is of the utmost importance, and it is unacceptable for a daycare to neglect the safety and care of the children in [...]

How Are Illegal Prescriptions Handled in MN?

Regarding drug crimes in Minnesota, even prescribed drugs can lead to severe penalties.

When the police are examining drug trafficking or possession crimes, they look at the type of drug involved in the case and the amount in possession at [...]

The Legal Implications of Minnesota’s Increasing Opioid Crisis for Criminal Defense

Like many other states in the United States, Minnesota has been grappling with a surge in opioid use and overdose deaths in recent years. This crisis has been fueled by overprescribing opioid painkillers, the rise of synthetic opioids like fentanyl, [...]

The Legal and Financial Consequences of Minnesota Paternity Claims

In Minnesota, paternity claims are legal actions brought by individuals seeking to establish the biological father of a child. These claims can have significant legal and financial consequences for all parties involved. Minnesota paternity claims’ legal and financial consequences.

The Impact of Minnesota’s Alimony Laws on Your Divorce

When a couple decides to divorce, one of the most complex and often contentious issues that arise is alimony or spousal support. Alimony refers to court-ordered payments made by one spouse to the other to provide financial support after the [...]

Building a Strong Defense for Juveniles Accused of Serious Crimes in Minnesota

Facing criminal charges is a daunting experience for anyone, but it is particularly challenging when the accused is a juvenile. In Minnesota, when minors are charged with serious crimes, it is crucial to understand the unique legal considerations that apply [...]

The Pros and Cons of Mediation in Minnesota Family Law Cases

Family law cases like divorce, child custody, and support can be complex and emotionally challenging. There are often multiple issues to be resolved, and the parties involved may have strong feelings and opinions on how those issues should be addressed. [...]

What to Do If You Get Hurt While on Vacation in the Northland

Getting injured while on vacation in the Northland can be a stressful and overwhelming experience. Knowing what steps to take to protect your health and legal rights is important. Whether the accident is a slip and fall, a car accident, [...]

Brain Injuries in Minnesota: The Legal Rights of Victims and Pursuing Compensation

Brain injuries can have a profound and lasting impact on individuals and their families. Whether caused by a car accident, medical malpractice, a workplace incident, or other forms of negligence, these injuries often result in physical, cognitive, and emotional challenges [...]

MN Rideshare Accident: What You Should Do

Maybe you were out drinking with friends and wanted to be responsible. Or your car broke down and you needed quick transportation. Perhaps you don’t even have a vehicle.

Whatever the situation, you called a rideshare service like you’ve done [...]

Burn Injury Victims in MN: Legal Options and Rehabilitation Support

Suffering from a burn injury can be a life-altering experience, leaving victims with physical pain, emotional trauma, and substantial medical expenses. In Minnesota, burn injury victims face unique challenges in their journey to recovery. However, they are not alone in [...]

Defending Against Kidnapping and Stalking Charges in Minnesota

Kidnapping and stalking are serious criminal offenses that can have severe legal consequences in Minnesota. Being accused of these charges can turn your life upside down, affecting your personal relationships, reputation, and future opportunities. However, it is important to remember [...]

What To Do If You Are Injured During a Holiday Vacation

This time of the year a lot of people choose to travel. Whether it’s to warmer places to soak up some sun or colder areas to hit the slopes, the one thing that every place you can choose to go [...]

Recognizing the Signs of Nursing Home Abuse in Minnesota

Ensuring the safety and well-being of our elderly loved ones residing in nursing homes is paramount. Unfortunately, nursing home abuse is a distressing reality that can affect vulnerable individuals. Recognizing the signs of nursing home abuse is crucial to protect [...]

Defending Students Accused of Crimes in Minnesota

Being accused of a crime can be a frightening and overwhelming experience, particularly for students who are also focused on their education and prospects. If you or a student you know is facing criminal charges in Minnesota, it’s essential to [...]

Title IX Defense: Advocating for Fair Treatment in Minnesota Schools

Being charged with Title IX crimes in Minnesota can be an overwhelming and unsettling experience. Under Title IX, a federal law prohibiting sex discrimination in federally funded educational institutions, certain offenses such as sexual harassment, sexual assault, domestic violence, dating [...]

Protecting Your Interests in an Uncontested Divorce in Minnesota

Divorce can be challenging and emotionally charged, but an uncontested divorce offers a more amicable and efficient resolution for couples seeking to end their marriage. In Minnesota, an uncontested divorce occurs when spouses agree on key issues, including child custody, [...]

Seeking Justice for Eye Injuries in Minnesota

Eye injuries can have devastating and life-altering consequences for victims, impacting their vision, daily activities, and overall quality of life. If you or a loved one has suffered an eye injury in Minnesota due to the negligence or wrongdoing of [...]

Who’s Responsible If You Slip and Fall on Ice in MN?

Winter weather in Minnesota can be beautiful, but it can also be treacherous. Slippery sidewalks and icy parking lots can make it difficult to get around safely, and they can also increase the risk of slip and fall accidents.

Gaining Full Custody as a MN Father Is Tough but Not Impossible

When a child is born, a special bond forms between a baby and their parents. Children rely on both of them for care, to meet their basic needs, and to teach them about the world.

The state of Minnesota recognizes [...]

It’s Not the MN Business Owner Paying That Slip and Fall Claim

Minnesota is known for many things – and one of them is long snowy winters. For many Minnesotans, pulling out their parks, donning their boots, and shoveling some snow is simply par for the winter course.

Unfortunately, it’s also the [...]

I’m Being Ordered to Pay Restitution in MN — What Does That Mean?

When people say that “crime doesn’t pay,” they’re not exactly being truthful. While it is true that crime won’t end well for anyone involved, it can end in expenses for both the perpetrator and the victim.

Courts in Minnesota often [...]

MN Government Employees Have Rights Under ADA Laws

The Americans with Disability Act (ADA) was groundbreaking legislation that sought to help those with disabilities reduce instances of discrimination in the workplace.

Just as with most legislation, though, it’s a law that not every employer observes at all times [...]

MN Orders for Protection Can Get Sticky Around the Holidays

Most people are familiar, thanks to television and movies, with the idea of a restraining order. Still, orders for protection can be difficult to understand for those involved in personal situations of domestic violence.

In Minnesota, there are three different [...]

MN Legislators Still Side with Feds on Recreational Marijuana

Even though many Minnesota voters want to see the blanket legalization of marijuana in the state, the recreational use of marijuana is still illegal. Minnesota statutes still very much align with federal laws on marijuana being used recreationally.

That doesn’t [...]

Heading into MN Winter, Get the Right Snowmobile Coverage

Minnesota has already seen snow this fall – and it’s only going to keep on coming. In fact, according to the National Weather Service, Duluth averages below freezing temperatures in November and 9 days of snow.

The weather is only [...]

MN Courts Want to Help Parents Battling Opioid Addiction

While opioid addiction continues to ravage families across the United States, Minnesota is working hard to help keep drug offenders from prison.

They do so by helping them into treatment programs through specialized Drug Courts. They’ve even created a sub-court [...]

Duluth Police More Focused on Property Crimes Than Violence

When you turn on the news today, you hear a lot of talk about law and order. In Duluth, there’s a focus on law and order but not in the way you may think.

According to the Duluth Police Chief, [...]

What MN Parents Can Do If Their Child Is in Their Car Wreck, Too

Car accidents happen, but when there are children involved it can turn something terrible into something even more tragic. Case in point, a freight truck struck a car in Minneapolis, killing two of the three occupants in the car and [...]

Pros and Cons of MN’s Newly Proposed Parental Custody Split

Recently, the Minnesota Legislature has proposed a new set of legislation for child custody agreements. This new legislation, known as HF 887 and HF1666/SF 1295, is significantly more strict in how it views parental custody.

Specifically, it holds that both [...]

Your Guide to Minnesota Record Expungements

In Minnesota, there are certain criminal records that can be expunged. However, it’s a complicated and somewhat slow process – or at least it can be if you don’t have an attorney who can help.

There are a lot of [...]

Injured in a Minnesota Semi Accident? Here’s How Liability Works

Semi-trucks are vital to our nation’s infrastructure and are [...]

Did Your Loved One Suffer a Wrongful Death in MN? What to Do

The sudden and untimely loss of a loved one is emotionally devastating, and even more so if the death could have been prevented. Even if the responsible party did not act intentionally, your loved one paid with their life and [...]

MN Law on Child Supervision is Vague — Your Ex’s Attorney Won’t Be

Minnesota law does not provide a specific age or circumstances under which a child can be left home alone or under the care of another child. However, there are general laws that require adequate and appropriate supervision of minor children.[...]

Believe It Or Not, the Drunk Driver Isn’t Always at Fault in MN

Drunk driving, despite the best efforts of those in law enforcement and the community, continues to happen. In Minnesota specifically, the number of deaths related to drunk driving accidents continues to increase.

In 2018, there were 371 traffic fatalities reported, [...]

Two Rules to Know About MN Car Accident Claims

With its icy winters and busy city roads, Minnesota sees its fair share of car accidents. Recent data from the Minnesota Department of Public Safety (DPS) reveals the extent of our state’s traffic crash problem.

According to the report, there [...]

What Minnesotans Should Know About the Risks of Ventilators

When it comes to COVID-19, it seems as if frightening information is constantly surfacing in the media. Take, for instance, the Journal of the American Medical Association study from April 2020.

In this study, it reported that 88 percent of [...]

Injured By A Dog Bite In Minnesota? Take These Steps Next

If you’re injured by a dog bite in Minnesota, pain and fear can creep into your life long after the physical wounds have healed. Victims of dog bites have protections under the law in Minnesota, so it’s important to understand [...]

MN Family vs. Criminal Court, Advantages of a Lawyer Who Knows Both

Family court and criminal court are two distinct systems of law, and it’s common for lawyers to practice either family or criminal law. In some cases, attorneys do practice both.

Family and criminal courts are separate branches of law, and [...]

Minneapolis Police Under Fire for Recklessness Among Peaceful Protestors

Protests over the death of George Floyd have been intense over the past few weeks. Tens of thousands of protestors hit the street to have their voices heard over what was perceived to be police brutality.

In response to these [...]

Minnesota’s No-Fault Benefits Don’t Eliminate Fault Completely

Anyone with a vehicle in Minnesota knows about the “no-fault” car insurance policy required in our state. But what does that mean if you’re in a car accident? Is there any recourse if you’re injured? How do you go about [...]

Skip the Child Support in MN, Risk Federal Criminal Prosecution

Child support is an important part of family law in Minnesota.

It’s one of the most important types of support offered to children, helping kids receive the care they need to grow into functional adults. Because of this, the legal [...]

As More MN Businesses Reopen, An Overview of Slip and Fall Laws

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What States Allow Conjugal Visits?

A 2012 research conducted by the Southern Criminal Justice Association indicated that state prison systems prohibiting conjugal visits experienced sexual violence at an average rate of 226 cases per 100,000 prisoners. 

Meanwhile, states permitting similar visits had a less frequent occurrence of such violence: 57 per 100,000 inmates.

These findings may suggest support for conjugal visits. However, decision-makers may need to look at more than the numbers to determine whether such visits are practical and beneficial in the long term.

How do conjugal visits work, and what states permit these visits? Are conjugal visits a right or privilege? How about same-sex couples? Should individuals still call it a “conjugal visit” today?

lookupinmate.org addresses these questions and many more. This article also covers the requirements for inmates to be allowed conjugal visits and the arguments regarding such visits.

Which U.S. Prisons Allow Conjugal Visits? Which States Have Them?

During the 2000s, only California, New Mexico, Mississippi, Connecticut, Washington, and New York allowed such visits. By 2015, Mississippi and New Mexico discontinued their programs.

In 1993, conjugal visitation programs existed in 17 U.S. states. However, no existing records mention what these states were. One survey mentioned that in 2013, there were at least nine states with such programs, namely:

• Connecticut
• Mississippi
• South Dakota

What Is a Conjugal Visit?

A conjugal visit is when a prisoner is allowed to receive a visit, usually from a husband or wife, to spend private time together.

The idea behind such visits is to let inmates have the time for intimate contact with their partners.

Depending on the state’s conjugal visit program, sometimes called the extended family visitation program, a visit may last for several hours or overnight.

What Everyone Gets Wrong

Conjugal visits are not entirely only about physical intimacy or sex. Officially, such visits are called family visits, and kids are permitted to stay overnight.

In Connecticut, the inmate’s spouse or partner cannot visit alone: the inmate’s child must be present.

Meanwhile, Washington allows two related inmates in the same facility, like siblings or a parent and child, to be visited jointly by immediate family members from outside. About one-third of extended visits occur between spouses alone in the state.

Conjugal Visits to Help Preserve Families

Conjugal visits can help preserve family units. In New York, conjugal visits are referred to as family reunion programs (FRP).

Since conjugal visits are also called extended family visits, the concept of such visits should not be limited to physical intimacy only.

How Conjugal Visits Work

In states offering extended prison visits, inmates must have a record of good behavior to be permitted conjugal visits. However, prisoners with life sentences , criminals convicted of domestic violence, or sex offenders charged with crimes like sexual assault are usually excluded.

If you want to fully understand how conjugal visits work, here are a few questions to consider:

Is There a Long Waiting List?

Prisons allowing conjugal visits keep a schedule and inform inmates of the next visit date. A facility with a large number of inmates may have a long waiting list depending on how many visits the facility can accommodate.

Who Is Eligible?

Although conjugal visit rules vary between states, prisoners, in general, must apply for that privilege. Before being granted visitation, the prisoner must undergo and pass a health screening.

In California, an inmate must be married to a legal spouse to qualify for conjugal visits.

Prisoners who committed several infractions, like fighting and swearing during the past six months, are not eligible.

How Often Can Prisoners Have Visitors ?

Extended family visits usually have three schedules: 6, 12, and 24 hours. The facility allows these visits to eligible convicts an average of once or twice a year.

Where Do Conjugal Visits Take Place?

Correctional facilities allowing conjugal visits typically have private, apartment-style accommodations where inmates and their visiting loved ones or significant others can stay. These rooms come with sheets, towels, soap, and condoms.

Can Same-Sex Couples Take Part?

In 2007, California allowed conjugal visits to married same-sex couples or those in a civil union. New York permitted the same privilege in 2011.

Conjugal Visitation Is a Privilege, Not a Right

The United States Supreme Court and several federal courts believe prisoners have no constitutional right to conjugal visits. So such visits are considered a privilege, especially for inmates exhibiting good behavior while serving their time in prison.

Still, some prisoners and their spouses have filed lawsuits in federal and state courts, claiming that denying conjugal visits violates these rights :

• The marital privacy rights of the prisoner and spouse
• The right to procreate
• The constitutional prohibition against unusual and cruel punishment
• Religious freedom rights provided by the First Amendment

Despite these arguments, courts found no constitutional right to a conjugal visit and rejected these claims.

Are Conjugal Visits Free of Charge?

Conjugal visits are free for prisoners except in Washington. As of 2013, the state’s participation fee for such visits was $10 per night.

Are Conjugal and Extended Visitation Privileges Highly Regulated?

States regulate and determine who a family member is. Inmates and visitors must submit applications to be allowed conjugal visits.

All prison visitors are subjected to a physical search for contraband or weapons, whether for a conjugal or different type of visit. Facilities do not allow drugs or alcohol and prohibit cell phones or other electronic devices.

Prison staff ensures that visitors bring only a few highly regulated items into the facility and prohibit certain foods or gifts. The staff can also turn away visitors who are not wearing appropriate clothing.

Why Have Visitation Programs Been Discontinued?

There are claims that the discontinuation of conjugal visits in many states is due to public opinion. There are individuals who believe criminals should not have access to anything, including time with family members. Others complain when they learn inmates have health care access.

Another reason is reports of contraband getting snuck into prison and babies being conceived during conjugal visits. However, there are no figures to back up these claims, leading to conclusions that these reports are unfounded.

Still, states mention that the actual reason for the discontinuation of such programs is budget cuts.

In New Mexico, the program costs taxpayers $120,000 every year. Though the state’s budget in 2016 was $6.2 billion and the median household income was $43,782, the state did not seem to see the benefits outweighing the cost.

Why Should Visitation Programs Continue?

Initial claims suggested that visitation programs help lower parole violations by 25%. However, one study involving New York’s family reunion program showed that extended family visits might lower recidivism (tendency to reoffend) among prisoners by 67%.

There are also claims that one potential benefit of conjugal visits is lowering the rate of sexually transmitted diseases (STDs) among prisoners. However, studies have not conclusively established a correlation between conjugal visits and lower STD levels.

Because there is more than only intimacy involved in these visits, prisons in states allowing conjugal visits have renamed such programs “family visits.”

Correctional officers claim that prisoners with visitation access are generally happier and are encouraged to maintain good behavior to earn visitation privileges or even early release .

If you or your family members are planning to visit a loved one in prison, you need a platform to search for records about that inmate. lookupinmate.org is a nationwide online inmate records checker that can help you locate prisoners detained in any correctional facility.

10 Arresting Realities Regarding Conjugal Visits     

Despite not having many states implementing conjugal visits, individuals who may have relatives or spouses in prison need to understand the following facts about this program:

Prisoners and Their Visitors Must Meet Certain Requirements to Get Permission for a Visit

Rules on extended family visits typically vary from one state to another. However, one common rule in California, Connecticut, New York, and Washington is that conjugal visits occur only in prisons with medium security or lower . Inmates must also have a record of good behavior and clean health.

Another requirement is that spouses who visit their incarcerated husband or wife must pass a body search and background check and be registered on the prison’s visitor list.

The “ Conjugal Visit ” Phrase Is a Misnomer

Conjugal visits today are called extended family visits or family reunion visits. The reasons for these visits include:

• Maintaining the connection between inmates and their families
• Reducing recidivism (or an inmate’s tendency to reoffend)
• Motivating good behavior

Renaming the program to “extended family visit” helps emphasize the inclusion of all family members instead of only the inmate’s spouse or partner.

Like Hotels, Prisons Facilitating Extended Family Visits Have Toiletries for Guests

U.S. prisons have special facilities like trailers, cabins, or apartment-style housing for extended family visits. Some prisons provide inmates with sheets, toiletries, towels, condoms, and lube.

Other prisons have two-bedroom apartments featuring a living and dining room and amenities like TVs, DVD players, and games like dominoes and Jenga.

Visitors may be permitted to bring prepared food or groceries during the visit, depending on the state prison’s rules.

Mississippi Was the First State That Allowed Conjugal Visits Nearly 100 Years Ago

Mississippi was the first state to allow conjugal visits in the early 1900s. The state even provided the prostitutes who charged 50 cents for their services. 

The first conjugal visits occurred at Parchman Farm, also called Mississippi State Penitentiary , in 1918. James Parchman, the warden, used conjugal visits as an incentive for male prisoners (who were mostly African-American) to work harder in the prison’s farming industry.

However, the state later canceled the costly program despite protests from prisoners’ families and rights groups who believed that even infrequent visitations promote family bonds and boost prisoner morale.

Only Four States Still Allow Conjugal Visits

As of 2015, the only states allowing conjugal visits are California, New York, Washington, and Connecticut.

Mississippi and New Mexico also had conjugal visit policies before. However, Mississippi halted allowing these visits on February 1, 2014, and New Mexico did the same on May 1, 2014.

Connecticut Prisoners Cannot Be Level 4 or Above to Be Eligible for Conjugal Visit

In Connecticut’s prison system, levels on a scale of 1 to 5 refer to how much guards monitor inmates daily.

Prisoners also cannot be gang members, on restrictive status, or convicted of a class A or class B disciplinary offense within the last 12 months before requesting eligibility.

In India, Married Prisoners Have the Legal Right to Conjugal Visits and Bear Children

In 2015, India’s government passed legislation declaring that married inmates have the right to conjugal visits. These inmates are also entitled to provide sperm to their spouses for artificial insemination if the inmate so wishes.

Saudi Arabian Prisons Are Surprisingly Liberal and Generous

In Saudi Arabia, male inmates are allowed one conjugal visit per month, and the rule applies to each spouse. So, men with multiple wives can have numerous visits every month.

The Saudi government provides inmates’ families monthly allowance for food, housing, and education. The government also pays for airfare and hotel expenses family members incur when visiting a relative in prison.

A prisoner who wishes to attend a family wedding or funeral is provided $2,600 to give as a gift. In 2014, the Saudi government spent $35 million on these prisoner privileges.

A German Prisoner Used Their Unsupervised Conjugal Visit to Murder Their Visitor

In April 2010, a 50-year-old prisoner killed his 46-year-old girlfriend during an unsupervised conjugal visit in a German prison. During one of those visits, the prisoner stabbed his girlfriend using a steak knife and strangled her.

Outraged Germans criticized the justice minister and prison authorities for this incident and questioned a few other instances of relaxed security at German prisons, including prisoner escapes and beatings.

Eventually, German prisons increased security and implemented stricter rules for conjugal visits.

Brazil Has a Sexist Conjugal Visit Policy

In Brazil, straight and gay male prisoners can receive visitors. However, female inmates rarely receive the same privilege.

Though such differences in conjugal visit policies appear discriminatory, female prisoners in Brazil may have to worry more about overcrowded and unsanitary prison cells. Pregnant inmates do not have sufficient access to proper medical care, and many female prisoners can be unjustly confined in isolation units.

The Checkered History: How Did the Conjugal Visit Program Start? When Did Conjugal Visits Start?

Conjugal visits started in 1918 at Parchman Farm, a labor camp in Mississippi.

At first, the camp allowed visits for Black prisoners only. The visitors were local prostitutes who arrived every Sunday and were paid to service single and married inmates.

Historian David Oshinsky said Jim Crow-era prison officials perceived African-American men as having stronger sex drives than whites and would not work hard in the cotton fields until they were sexually sated.

In the 1940s, the government expanded the conjugal visit program to include white male prisoners and their wives. Finally, in the 1970s, the program included female inmates.

• Do prisoners in South Carolina get conjugal visits ?

A journal dated 1981 mentioned that South Carolina was among the states allowing conjugal visits at that time. Today, the state no longer implements that program. Additionally, federal prisons also do not allow conjugal visits.

• Do death row inmates get conjugal visits?

Death row prisoners are not eligible for conjugal visits, even in states that permit conjugal visits for other inmates. Also, no state officially allows conjugal visits for death row inmates.

• Do other countries have conjugal visits ?

The U.S. is not the only country allowing conjugal visits despite having only four states implementing this program.

In Brazil, Venezuela, and Columbia, prisons allow unmarried inmates to have such visits. India and Saudi Arabia also have conjugal visit programs.

While Germany permits prisoners to apply for conjugal visits, the screening is strict, and security is tight, especially since an inmate murdered his girlfriend during one such visit in 2010.

Searching for an inmate in the U.S., not knowing where your loved ones are detained? lookupinmate.org lets you search for a prisoner by state or prison type . This one-stop inmate lookup site has access to more than 7,000 correctional facilities across the United States.

• The Effect of Conjugal Visitation on Sexual Violence in Prison https://www.prearesourcecenter.org/sites/default/files/library/theeffectofconjugalvisitation.pdf
• Prison Visitation Policies: A Fifty-State Survey https://law.yale.edu/sites/default/files/area/center/liman/document/prison_visitation_policies.pdf
• Conjugal Visits https://www.themarshallproject.org/2015/02/11/conjugal-visits
• Heaven https://www.themarshallproject.org/2015/02/11/heaven#.ybmNK2evz
• Conjugal Visitation in American Prisons Today https://www.ojp.gov/ncjrs/virtual-library/abstracts/conjugal-visitation-american-prisons-today

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Sex, Love, & Marriage Behind Bars

What are conjugal visits really like? Incarcerated journalist John J. Lennon takes Esquire inside one of the last bastions of prisoner intimacy in America: trailers of New York.

I first heard about the trailers, prison vernacular for conjugal visits, on Rikers Island. It was 2002, I was twenty-four, and I was awaiting trial on murder charges. The guy the next bunk over in the communal dorm knew I was facing a lot of time, even if I didn’t know that. I was delusional in the beginning. We all are.

The bunkmate had just finished a dime—a ten-year sentence—for assault and was now in on a parole violation for breaking curfew, caught on a tip called in by his wife. Still, he loved her, and he loved telling me about going on conjugals with her up in Auburn, a maximum-security prison. It wasn’t just about the sex, he said. It was forty-eight hours of freedom, or close to it. Most of New York’s maximum-security prisons had them. They weren’t trailers, not anymore, but modular homes. He described the units: two, sometimes three bedrooms—the prison supplied pillows, bed linens, towels, and washcloths—a living room, a bathroom, and a full kitchen stocked with pots and pans, a coffee maker, a blender, and utensils. A wire bolted to the counter next to the sink was connected to the handle of the kitchen knife. His wife would bring clothes, cosmetics, and groceries: milk, eggs, pork chops, shelled shrimp. Glass containers weren’t allowed; neither was alcohol, not even as a makeup ingredient. Outside there was a picnic table, a barbecue pit, and a children’s play area.

It was, the fella in the next bunk told me, an opportunity for good times, good eating, and good sex. An incentive to stay out of trouble in the hope of experiencing a touch of love.

There was a hitch: Your partner had to be your legal spouse. Close family members were also eligible, of course, and this was really the objective of these visits: to build and maintain better family ties. But that was beside my bunkmate’s point. If I was convicted, he said, he recommended I put an ad on one of those prisoner dating websites (Prison Pen Pals, Write a Prisoner), find a woman, fall in love, make it official, then head for the trailers.

In 2004, I was sentenced to twenty-eight years to life. The minimum was longer than I’d been alive. Early on, I didn’t think much about the implications for my love life. At twenty-four, I’d had plenty of sex but never a real relationship, or even healthy intimacy. Besides, there were more pressing concerns: appealing my conviction, learning how to survive in this place.

I first saw the trailers at Clinton Correctional, a maximum-security prison a few miles south of the Canadian border, in Dannemora. By then I’d learned that New York’s Department of Corrections and Community Supervision didn’t actually call them conjugal visits. Only Mississippi did. While the word conjugal simply means “related to marriage,” these visits began to carry lewd implications, and other states opted to rebrand: In California, it was known as “family visiting.” In Connecticut and Washington, they were referred to as “extended family visits.” In New York, it was, and still is, called the Family Reunion Program, or FRP.

In 2005, I had my first FRP visit—with my mother and my aunt. My aunt cooked bacon and eggs in the morning, grilled porterhouse steaks and tossed salads for dinner. We sank into the soft couches, ate, and watched Law & Order reruns, oddly Mom’s favorite show. We talked until interrupted by the muffled screams of a couple through the wall of the attached unit. We laughed awkwardly, avoiding eye contact, and I felt kind of jealous. Three times a day, a phone in the unit rang. I picked up, spat my last name and identification number into the receiver, then stepped outside and waved to the watchtower guard. That count was one of the only reminders of prison.

When I returned to my block, guys asked how the conjugal had gone. Great, I said. When I mentioned it was with my mother and my aunt, they sort of nodded, like, Oh, that’s cool, too. I loved visiting with my family. But I did start to think about what it would be like to be with a woman again.

.css-f6drgc:before{margin:-0.99rem auto 0 -1.33rem;left:50%;width:2.1875rem;border:0.3125rem solid #FF3A30;height:2.1875rem;content:'';display:block;position:absolute;border-radius:100%;} .css-1aglugu{font-family:Lausanne,Lausanne-fallback,Lausanne-roboto,Lausanne-local,Arial,sans-serif;font-size:1.625rem;line-height:1.2;margin:0rem;}@media(max-width: 48rem){.css-1aglugu{font-size:1.75rem;line-height:1.2;}}@media(min-width: 64rem){.css-1aglugu{font-size:2.375rem;line-height:1.2;}}.css-1aglugu b,.css-1aglugu strong{font-family:inherit;font-weight:bold;}.css-1aglugu em,.css-1aglugu i{font-style:italic;font-family:inherit;}.css-1aglugu:before{content:'＂';display:block;padding:0.3125rem 0.875rem 0 0;font-size:3.5rem;line-height:0.8;font-style:italic;font-family:Lausanne,Lausanne-fallback,Lausanne-styleitalic-roboto,Lausanne-styleitalic-local,Arial,sans-serif;} Trailer visits were never perfect. Sometimes they were hard. But in many ways, they felt like rehearsals for life on the outside.

I got by with my hand and my memories, with the occasional assist from Buttman or High Society. Many of us who’ve been locked up all these years try idiosyncratic methods to pleasure ourselves. Some use a Fifi—a rolled towel with a plastic bag stuffed in the crevice; inside the bag is a rubber glove lubed with Vaseline that can be warmed in a hot pot of water, if one prefers. The crevice can be tightened or loosened by a strap wrapped around the rolled towel, creating different sensations. Fucking Fifis was an intimate ritual for one of my neighbors. At night he hung a curtain across his cell bars, prepped his Fifi, rolled the whole thing up in his mattress—he said it was more like a big-booty girl that way—laid out a few porno mags, and started thrusting.

But I wasn’t looking to hump a Fifi for the next twenty-five years.

Married men in the joint who went on conjugals seemed to have the most meaningful lives: They worked out, they went on visits, they sported crispy new sneakers and polo shirts with the horse, as if to say to the rest of us, I got a lady who loves me, and I got more status than you. At least, that’s how I took it. Every few months, they disappeared—most men kept their conjugal dates to themselves to avoid attracting envy—but we all knew where they’d gone. They came back to the cellblock with hickey-covered necks, looking pleasantly tired. I decided that was how I wanted to serve my sentence.

Mississippi State Penitentiary, of all places, was the first facility in the U. S. to offer conjugal visits, in the early 1900s. Also known as Parchman Farm, the segregated prison functioned as a revenue-generating plantation that produced cotton, cattle, pork, and more; its prisoners performed all the hard labor. To incentivize their work, administrators began arranging for prostitutes to visit on Sundays, and prisoners slept with them wherever they could—tool sheds, storage areas, the barracks. At first, only Black prisoners were allowed to participate, and for deeply racist notions “about Black men’s allegedly voracious sexual natures and appetites,” says Heather Ann Thompson, author of the Pulitzer-prize-winning history of the Attica uprising, Blood in the Water, “that Black prisoners could be forced to work even harder not just under threat of the lash but also, due to their savage nature, the promise of sex.”

Starting around 1940, all of Parchman’s prisoners were able to participate, regardless of race. By the late fifties, prostitutes were banned, replaced by prisoners’ spouses, common-law wives, and female friends. In 1972, the program opened to the facility’s female prisoners. Still, the system was marked by prejudice. “The most important question concerning a program of conjugal visiting,” wrote Columbus Hopper in his 1969 study of Parchman, Sex in Prison, “is whether it helps to reduce the problem of homosexuality in prison.” Hopper was the leading conjugals researcher of his time, and the “problem of homosexuality” seems to have been one of the main forces behind his advocacy. Truth is, in my twenty-one years of incarceration, I’ve never been sexually assaulted or witnessed that kind of assault.

New York’s first FRP began in 1976, with five 12-foot-by-70-foot trailers in a former cow pasture at Wallkill Correctional. Attica got its trailers in 1977, six years after the prisoner uprising for more humane treatment that, when law enforcement took back the prison, left thirty-nine dead. In the first eighteen months of Attica’s FRP, 1,179 prisoners participated.

By 1993, seventeen states allowed some version of extended family visits. That year in New York, 12,401 family members attended FRPs across the state. “The effectiveness of the program is beyond dispute,” the prison commissioner wrote in an op-ed around that time.

Data supports the former commissioner’s claims. According to a recent literature review, prisons that allow conjugal visits have better disciplinary records than those that do not. What’s more, studies have determined that released prisoners with an established relationship have a much better chance of not returning to prison. (In 1980, New York’s corrections department published findings suggesting that participation in the program decreased recidivism rates by as much as 67 percent.)

Yet since the start of such programs, fierce resistance has followed. By the early nineties, the era of mass incarceration was fully under way, and across the country, prison programs that incentivized good behavior—furloughs, work release, college, conjugals—were on the chopping block. Why, the thinking went, should we coddle criminals with taxpayer money? (It’s worth noting that FRP upkeep is paid for in part by prisoner fundraisers.) And don’t conjugals present one more way to introduce contraband?

As early as 1969, when Hopper published his findings on Parchman, conjugal visits were available in Chile, Ecuador, Japan, Mexico, Costa Rica, and the Philippines. Today, that list includes Qatar, Argentina, Brazil, Belgium, Sweden, Spain, France, Russia, and Saudi Arabia.

The United States has shifted in the opposite direction. In the eyes of the law, conjugal visits are a privilege, not a right. The Supreme Court has repeatedly upheld prison administrators’ latitude to limit prisoners’ rights, including visitation, writing in 2003 that “freedom of association is among the rights least compatible with incarceration.” In 2014, Mississippi did away with its program. “There are costs associated with the staff’s time,” the state’s prison commissioner said at the time. “Then, even though we provide contraception, we have no idea how many women are getting pregnant only for the child to be raised by one parent”—as if such family planning were his call to make.

Today, only four states allow conjugal visits—New York, California, Washington, and Connecticut—though when Covid came, Connecticut’s program was suspended, and it has yet to return. Federal prisons don’t offer the privilege. New York’s program has been a success: FRP is offered at twelve of its fifteen maximum-security prisons and eleven of its twenty-six medium-security prisons. Since 2011, same-sex couples have been able to participate. Yet each year over the past decade or so, Republican state senators have introduced a bill to eliminate FRP. Conservatives preach the importance of a solid family structure. Why would they want to sabotage prisoners who are trying to build and maintain theirs?

By 2009, I was in Attica; my appeals had been denied. I was thirty-two and lonely. I’d spend hours each day watching the tiny TV in my cell. The Bachelor was my favorite show—a glimpse of intimacy, however stage-managed, and a break from my bleak reality. I felt like I was squandering an opportunity by not putting myself out there. I told Mom what the guy on Rikers Island had suggested, and she put an ad on the prison dating website Friends Beyond the Wall.

Danielly was a year younger than me and lived with her teenage son in a housing project on the Lower East Side. “I’m Dominican, and brown. Do you like that?” she wrote. Yes, yes, I loved it! In an early letter, I brought up the trailers, told her to imagine an uninterrupted weekend together in a sort of cabin, no cell phones, no distractions—just us. She didn’t need to be sold. Her mom had married a guy who’d done time, she told me, and she remembered visiting those little homes in the prison as a young girl.

Danielly started visiting me at Attica. She was my type—curvy, full of attitude and affection. We had the kind of chemistry that made my stomach flutter. But I soon learned that my type was much harder to handle on the inside than it had been when I was on the outside. The guy she’d described as her ex-boyfriend was more like her current boyfriend. When I called her, she sometimes wouldn’t answer. I was left lovesick, and that’s no way to live in prison. So I let her go.

In January 2011, I started corresponding with Raina, a California blonde, thirty-nine, who’d never been married and had no kids, and it wasn’t a dealbreaker that I’d killed a man. She had a great sense of humor, and while she’d known darkness in her own life, she’d needle anyone who took theirs too seriously. I was hooked. She was emotionally intelligent, we spoke the language of recovery, and our relationship felt safe. She moved across the country for me. One day in 2012, in Attica’s visiting room, I proposed to her, and she said yes. Six months later, we joined a few other couples in a small room with a Goofy mural painted on the wall and Attica’s town clerk seated at a table, and we got married.

By 2014—after a series of applications, denials, appeals, and interviews, including one in which Raina was told I didn’t carry any sexually transmitted diseases—we had our first FRP date.

Two days beforehand, I had to piss in a cup under a guard’s gaze for my drug screen. Then again the day of, and again after I came off the trailer. Most of the work was on Raina: shopping, traveling, then getting processed, food pushed through an X-ray machine, gloved fingers sifting through her panties and K-Y jelly.

The corrections officer escorted a handful of us through the Attica lobby, a part of the prison I had never seen before. Gates opened and closed, and we walked to the FRP compound. A fence enclosed the five red-sided homes, situated so that the rest of the prison couldn’t see in. Though the watchtower guard kept a close eye.

Sitting on the couch, looking around, I felt . . . joy. In the system, you’re always waiting, and never for anything good: trial, sentencing, transfers, getting cuffed and shackled, always in a cell or a bullpen or on a bus eating bologna sandwiches. Now I didn’t know what to do with myself, and I loved it. I got up from the couch, turned on the stereo, then walked outside on the grass, sat on the children’s swing, went back inside. I grabbed the remote, turned on the flat-screen television, flipped through the stations. To do whatever I wanted, and to be waiting for my wife so we could do whatever we wanted—I felt giddy. Through the window I watched my neighbor in his kitchen as he boiled the silverware—forks, (butter) knives, a spatula, a ladle, all metal and engraved with tracking numbers—in one pot of water, and added a few drops of scented oil to another, to perfume the place. Finally, I heard one of the guys yell, “They’re here!”

A corrections van with blue-tinted windows pulled up, and the family members got out. A little boy ran to his father and jumped in his arms. And there was Raina. The CO let me help her with her luggage, which was in a container marked with our unit number.

As soon as the door of our unit closed, we threw the groceries—including cuts of filet mignon and A.1. sauce—on the table and started awkwardly kissing. As we began to undress, there was a knock on the door. Raina put on a shirt and I cracked the door. It was the CO, who just needed our container. It was like that, the conjugals; they were such a departure from regular prison life. Even the staff interactions were all good.

Raina and I got back to it. It was my first time in eleven years, so I figured I’d finish fast. But it was the opposite. We went at it for a while—soft, hard, slow, fast, this way, that way—and nothing seemed to bring either of us closer to climax. It was like I’d never touched a woman before. It felt weird that nobody else was watching us. I eventually pulled out and brought myself to ejaculation.

On some level, we hadn’t expected the first time to be amazing. Though it’s hard to make bad sex better, we had to try. We loved each other. We went on six more FRP visits, but the situation didn’t improve. Our issues were less about friction and more about fantasy, or the lack thereof.

Danielly had sent me letters over the years since we’d first met, none of which I’d replied to. But in 2015, as my relationship with Raina was coming to an end, I finally wrote back, explaining my marital woes. Danielly replied that I never should have gotten married in the first place, that she was my soulmate. She said she was still on and off with her boyfriend, but he didn’t matter. If I got divorced and married her instead, she’d come to Attica and fulfill all my fantasies.

I divorced Raina and proposed to Danielly.

In October, we got married by the same Attica town clerk who’d officiated the last time. The Goofy mural was gone. We posed for our wedding picture in front of a seascape of sea lions and colorful fish. Danielly looks sad in the photo, barely smiling. She’d wanted this day to be so much more special than it was.

Afterward, I bribed a CO with a few packs of Newports to let the cellblock’s tattoo artist come into my cell, and with a needle made from an uncoiled lighter spring powered by a repurposed beard-trimmer motor, he inked danielly on the inside of my upper arm in looping script. Once she ditched the boyfriend for good, she had my name inked on her forearm. We craved each other. Our kisses, deep and long and wet, always felt like good sex.

I wanted to transfer to Sing Sing, forty miles north of New York City—among other reasons, it would take Danielly an hour by train, as opposed to the eleven-hour bus trip she took both ways to visit me at Attica. But Attica was a disciplinary prison, rife with violence; the number of prisoners on good behavior was low, the FRP waitlist short. You could book a spot every forty or fifty days. At Sing Sing, the wait was closer to ninety days. I weighed the pros and cons. Con: waiting twice as long to be together. Pro: saving Danielly the hassle of a big trip to the middle of nowhere, which would probably mean I’d see her more often.

I submitted my paperwork, got approved, and transferred in November 2016.

In February, we had our first FRP date. The compound was pretty much the same as the one at Attica, but at Sing Sing we got a Polaroid camera and twelve blank photos. Some couples went into the units and did not come out for the allotted forty-eight hours. Others were more social. Me and my friend Andy Gargiulo—convicted in 2006 of killing his reputed mobster brother-in-law; we’d had the same lawyer—would sometimes coordinate our FRP visits. He was a lot older than me, around eighty, but we got along. So did our better halves. His wife brought the best Italian food in Brooklyn—cannolis, fresh mozzarella, and tender veal—and when the weather was nice, the four of us would sit outside and barbecue.

Danielly was provocative, and that turned me on. We argued; we canceled visits on each other. We often had angry, shit-talking sex. Sometimes we played nice, but she’d never let it get to my head. “Boy,” she’d say, “you have so much to learn about women.” We couldn’t have sex for the entire forty-eight hours, but it sometimes felt like we were trying.

Intimacy came in other forms. She introduced me to ASMR; I brewed Bustelo for her and microwaved the half-and-half so it wouldn’t cool off the coffee too much. “Coffee,” by Miguel, became our song. We watched The Notebook, and she recited her favorite lines. We watched Warrior, and when Tom Hardy’s character hugs his drunk father, played by Nick Nolte, Danielly comforted me as I cried.

I know now that our relationship wasn’t healthy. My moments of joy were outweighed by my jealousy and anxiety. I’d get annoyed if she didn’t read my latest article. “You’re all into yourself and your career,” she’d say. “Women don’t like that, bro!” Or “I fell in love with the guy at Attica, before he became the writer.” That one hurt. But it’s not like I’d ask about her job as a nurse at a Bronx clinic. She’d want to talk about our future, and I’d urge her to stay in the present. She’d storm off into the bedroom, slam the door, and curse me out in rapid-fire Spanish. Well, I’d think, this is life.

By March 2020, our relationship was rocky. But for the first twenty-four hours of our first FRP in more than a year, we were getting along. As we prepped lunch, a knock came at the door. It was the security captain. Because of Covid, our visit was over, along with our last shot at rekindling.

By the time FRP visits were restored, a year and a half later, I’d been transferred to Sullivan Correctional, in the southern Catskills. Danielly came up twice. But too much time had passed, and other relationships had formed: hers with somebody else, mine with my career. Becoming a journalist in the joint brought its own stress, and my anxiety worsened; things like pissing in a cup with a guard peeking seemed impossible. Recently, we divorced.

Would I have been better off not having experienced intimacy for the past twenty-one years? Would Raina and Danielly have been better off never having met me? I’ve since realized that in both relationships, I focused more on the affection I was getting than the affection I was giving. All this time spent living in my head, confined to a six-foot-by-nine-foot cell, has rendered me less expressive and more emotionally stuck. My thoughts would bounce around my brain but never make it out of my mouth, which left Raina, then Danielly, feeling neglected. The time I used to spend writing love letters I now spend writing articles. Sometimes I feel like I took the two of them for granted. There’s an immense effort, this leap toward love in which the only physical manifestation comes in the form of conjugal visits. And it’s exerted not by the prisoners but by our partners. They wait, they shop, they lug, they travel, they get gossiped about by friends and family and insulted by COs.

Trailer visits were never perfect. Sometimes they were hard, especially at the end—me returning to prison, my woman going home alone. But in many ways, they felt like rehearsals for life on the outside. I believe that because of my experiences with conjugals, when I do get out, I’ll be more sensitive to the feelings of those closest to me. “It remains utterly and inescapably true that to be a human being is to need to be connected to, to bond with, and to be nurtured by other human beings,” Heather Ann Thompson told me. “Serving one’s sentence does not change that.”

So I’m single now. Middle-aged, too. Sometimes I imagine the kind of woman I’ll attract when I’m on the outside, and I wonder if I’ll resent her because she didn’t fall for me when I was on the inside. Which is absurd, and I know I need to work that shit out. But it also feels like a nod to the women who’ve loved me, a thank-you to all the partners who’ve sacrificed so much to share their love with those of us who are locked up.

I think about a moment Danielly and I shared with Andy and his wife, who was wearing Prada glasses and a perfume called La Vie Est Belle. The sun was bright; we sat at the picnic table, eating the best of both kitchens. Andy was talking about a TV show he watched in his cell—maybe it was America’s Got Talent —and Danielly told him how she also loved that show. While recalling the final performance of a child singer who’d recently won, Andy choked up. Right there at the wooden table, surrounded by the thirty-foot concrete wall and the guard with the AR-15 perched in the tower. Danielly teared up, too. “He gets emotional on these visits,” Andy’s wife said in a tough Brooklyn accent, smiling. More than the sex, it’s moments like these—simple, safe, and endearing—that have provided me with what prison has stripped away: a taste of intimacy.

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Tennessee bill authorizes Department of Corrections to create conjugal visit policy

by Adrian Mojica

NASHVILLE, Tenn.--An amendment to a Tennessee bill will authorize the Department of Correction to create and implement a conjugal visit policy for inmates.

Conjugal visits are visitation allowances where inmates are allowed private time with a spouse or visitor where the inmate can engage in sexual activity.

SB1030/HB1222 was initially filed to require the department to provide a written report to judiciary committees in both the House and Senate each year detailing the institutional efficiency modifications made at each facility and contract prison.

Under the bill, reporting would begin on February 1, 2020 and take place annually on February 1 of each year.

Rep. Mike Stewart (D-Nashville) has filed an amendment to the bill which adds a new section covering conjugal visits.

The amendment states "Notwithstanding any law to the contrary, the department of correction is authorized to create and implement a conjugal visit policy."

The bill goes before the House Corrections Subcommittee on Tuesday.

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What jails or prisons allow conjugal visits?

There are no jails that allow conjugal visits. Very few state prisons have this policy...

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STATE PRISON INMATE

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As of January of 2019, there are four U.S. states that allow prison conjugal visits within their prison systems: California, Connecticut, New York and Washington. 

There are no jails that allow conjugal visits.

To find out how to visit someone you know, begin your search for an inmate or arrestee here:

To find your jail or prison visitation policies, begin by finding the facility or prison system here:

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Los Angeles County's troubled juvenile halls get reprieve, can remain open after improvements

State regulators have decided Los Angeles County’s troubled juvenile detention facilities, on the verge of shutting down over safety issues and other problems, can remain open

LOS ANGELES -- Los Angeles County’s troubled juvenile detention facilities, on the verge of shutting down over safety issues and other problems, can remain open, state regulators decided Thursday.

The Board of State and Community Corrections voted to lift its “unsuitable” designation for Barry J. Nidorf Juvenile Hall in Sylmar and Central Juvenile Hall in Boyle Heights.

Both facilities could have been forced to shut down April 16 because of failed inspections over the past year.

The state board, which inspects the youth prisons, determined last year that the county had been unable to correct problems including inadequate safety checks, low staffing, use of force and a lack of recreation and exercise.

Board chair Linda Penner said while the county had made some improvements, officials should not consider the outcome of the vote “mission accomplished," the Southern California News Group reported.

“Your mission now is sustainability and durability. We need continued compliance," Penner said.

Only six of the 13 board members supported keeping the lockups open. Three voted against it, saying they did not believe Los Angeles County could maintain improvements at the facilities long-term. The other four abstained or recused themselves.

Board members warned the county that if future inspections result in an unsuitable designation, they would not hesitate to close the facilities.

The Los Angeles County Probation Department, which oversees the juvenile halls, said it was stabilizing staffing levels and improving training procedures. Probation Chief Guillermo Viera Rosa said his department acknowledges “the ongoing concerns and acknowledge there’s still much more to be done.”

The Peace and Justice Law Center, which advocates for prison reform, said the juvenile halls need “real fixes, not temporary Band-Aids.” Co-Execuitve Director Sean Garcia-Leys told the news group that the nonprofit plans to conduct a private audit to try to determine “why the board has reversed itself and decided a few weeks of compliance with standards outweigh the years of failure to meet minimum standards.”

The board’s decision comes after California phased out its three remaining state-run youth prisons and shifting the responsibility to counties.

The shift to local control is the final step in a lengthy reform effort driven in part by a class-action lawsuit and incentives for counties to keep youths out of the state system. The state-run system has a troubled history marked by inmate suicides and brawls.

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Cuyahoga County approves $33.4M contract for new jail campus in Garfield Heights

CLEVELAND, Ohio – Cuyahoga County is one step closer to breaking ground on a new jail complex in Garfield Heights.

Tuesday, county council gave unanimous approval to a $33.4 million contract to Gilbane Building Company for “early packages” and “pre-construction” on the Central Services Campus, which will be home for the county’s planned new jail.

The Gilbane contract comprises only a fraction of the campus’ projected total cost and does not list specific projects. However, the $33.4 million aims to keep the process moving by setting aside money for obvious work that needs to be done on the property, such as demolishing old buildings, doing design work and selecting/vetting subcontractors, cleveland.com reported previously.

Gilbane was the only company to bid on the project, which will include design and build services for the jail. Though Gilbane’s bid was submitted before County Executive Chris Ronayne took office, county officials chose to stick with the bid after talking to industry experts and deciding they were unlikely to get a better offer, cleveland.com reported previously.

It is still unclear exactly what will be housed at the Central Services Campus. Officials have considered adding a sheriff’s administration office, re-entry services, a diversion center, job training facilities and more, but none of that is final.

It is clear, however, that the campus will carry a hefty price tag. The campus is projected to cost $750 million, and to pay for that, county council extended a quarter-percent sales and use tax until 2067 late last year.

By early next year, Cuyahoga County officials are expecting an updated price tag for the campus, cleveland.com reported previously.

©2024 Advance Local Media LLC. Visit cleveland.com. Distributed by Tribune Content Agency, LLC.

Houghton County Sheriff says jail over capacity, enacting emergency plan

HOUGHTON, Mich. (WLUC) - The Houghton County Sheriff’s Office spoke to the county board at a regular meeting Thursday afternoon about ongoing trouble at the county jail.

Sheriff Joshua Saaranen informed the board that the county jail is now over capacity and has been for roughly a month. Out of the jail’s maximum of 28 inmates, the jail is housing 30. According to Sarranen, it has been as high as 35 in the last two weeks.

“30 inmates is a lot for one or two [correctional officers] to help manage their time throughout the days,” Saaranen said to the board. “And with increased jail numbers and population ... it’s a confined space. People get frustrated, we have an increase in fights, suicide attempts, so on and so forth.”

Saaranen says he has reached out to the county board, judges and prosecutor to put a jail overcrowding emergency plan in place, and that the plan should be enacted soon.

The plan includes potentially arranging early releases for low-level offenders who have served greater than 50% of their sentence to free up space. Additionally, new, low-level crime offenders would not be sent to jail but would be fingerprinted and appear in court.

There are also other options being considered.

“The other options that we may have to look at doing is sending inmates to other counties or re-opening our work camp,” Saaranen continued. “The challenge that we have is, with our jail population right now, there’s a lot of higher-classified crimes, so those individuals are not qualified to go to the work camps.”

Before being shut down during the pandemic, the camp was used for low-level offenders. Inmates there could go on work release or join a municipality work crew. It could hold 30 inmates, but Saaranen notes that the office usually kept five to ten there at a time.

Saaranen says that he is unsure if the camp will be opened.

“I don’t know if we have enough inmates to open the work camp at this time,” added Saaranen.

Copyright 2024 WLUC. All rights reserved.

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Parents of Michigan School Shooter Sentenced to 10 to 15 Years in Prison

Jennifer and James Crumbley, whose son killed four people, each faced up to 15 years in prison for involuntary manslaughter convictions.

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By Jacey Fortin and Anna Betts

Jennifer and James Crumbley, who were convicted of involuntary manslaughter for failing to prevent their teenage son from killing four fellow students in the deadliest school shooting in Michigan’s history, were each sentenced on Tuesday to 10 to 15 years in prison.

Their separate jury trials ended in guilty verdicts in February and March , making them the first parents in the country to be convicted over the deaths caused by their child in a mass shooting.

Involuntary manslaughter charges carry a penalty in Michigan of up to 15 years in prison, and prosecutors asked in sentencing memos filed to the court last week that the Crumbleys each serve at least 10 years. Both have been in jail for more than two years while awaiting trial and will receive credit for time served.

“Parents are not expected to be psychic,” Judge Cheryl Matthews of the Oakland County Circuit Court in Pontiac, Mich., said before issuing the sentence. “But these convictions are not about poor parenting. These convictions confirm repeated acts or lack of acts that could have halted an oncoming runaway train — repeatedly ignoring things that would make a reasonable person feel the hair on the back of her neck stand up.”

Before the hearing, prosecutors said that Ms. Crumbley, 46, was asking to be sentenced to house arrest on her defense lawyer’s property, rather than serving prison time. And Mr. Crumbley, 47, said that he had been wrongly convicted and his sentence should amount to the time he had already served in prison, adding that he felt “absolutely horrible” about what had happened.

On Tuesday, each of them spoke in the hearing before the judge pronounced sentence.

“I stand today not to ask for your forgiveness, as I know it may be beyond reach, but to express my sincerest apologies for the pain that has been caused,” Ms. Crumbley said in court, addressing the relatives of students who were killed.

Mr. Crumbley also apologized. “I cannot express how much I wish that I had known what was going on with him or what was going to happen, because I absolutely would have done a lot of things differently,” he said.

Relatives of some of the victims also spoke during the hearing, describing the overwhelming effects the shooting had on their lives.

“The ripple effects of both James’s and Jennifer’s failures to act have devastated us all,” said Jill Soave, the mother of Justin Shilling, 17, who was killed in the shooting at Oxford High School on Nov. 30, 2021. “This tragedy was completely preventable. If only they had done something, your honor, anything, to shift the course events on Nov. 30, then our four angels would be here today.”

Steve St. Juliana, whose daughter, Hana, 14, was killed, said that the Crumbleys continued to fail to take responsibility for what had happened.

“They chose to stay quiet,” he said. “They chose to ignore the warning signs. And now, as we’ve heard through all of the objections, they continue to choose to blame everyone but themselves.”

The Crumbleys’ son, Ethan, was 15 when he carried out the shooting that killed Justin and Hana, as well as Madisyn Baldwin, 17, and Tate Myre, 16. Seven others were injured. Ethan Crumbley pleaded guilty to 24 charges, including first-degree murder, and was sentenced last year to life in prison without parole . He is still eligible to appeal that decision. His parents may appeal, too.

In the trials of both parents, prosecutors focused in part on their failure to remove their son from school after he made a violent drawing on the morning of the shooting. It included a written plea for help.

They also emphasized Ethan’s access to a handgun that Mr. Crumbley had purchased. And they said that Ms. Crumbley had missed signs that her son was struggling with his mental health, adding that she took him to a gun range just days before the shooting.

Defense lawyers for both parents said they could not have foreseen the unspeakable violence their son would commit.

Ms. Crumbley grew up in Clarkston, a Detroit suburb about 20 minutes from Oxford, her lawyer said during a hearing after the couple’s arrest in 2021 . Before her arrest, she had worked as a marketing director, her lawyer said.

Mr. Crumbley’s job history included work at a handful of small software and technology companies.

The couple once lived in Florida but returned to Michigan several years ago, their lawyers said. They bought their home near downtown Oxford in 2015.

The trials of Jennifer and James Crumbley became a lightning rod for issues of parental responsibility at a time of high-profile gun violence by minors. In recent months, parents in other states have pleaded guilty to charges of reckless conduct or neglect after their children injured or killed others with guns.

But the manslaughter charges against the Crumbleys were unique, and legal experts said their trials could serve as a playbook for other prosecutors who seek to hold parents accountable in the future.

Ekow Yankah, a professor at the University of Michigan Law School, said the effect of the ruling on Tuesday might be felt beyond the state.

“This is going to be precedent, most obviously in Michigan and its home jurisdiction, but prosecutors all over the country will see this as a new and viable form of liability,” Mr. Yankah said. “I think we should not underestimate the precedential power of this case, even as we recognize that the facts were quite extraordinary.”

For Matthew Schneider, a former United States attorney in Michigan, what makes this case so different from many others is that most criminal sentences are related to the actions of a defendant, rather than being “about inactions, and how the inactions of a person result in a criminal sentence.”

The sentencing is “very much about making an example of the defendants,” Mr. Schneider said. “This is a shot across the bow to all parents, to all people who have firearms in their house, to keep them locked up, if they could be in the hands of the wrong people.”

Jacey Fortin covers a wide range of subjects for the National desk of The Times, including extreme weather, court cases and state politics all across the country. More about Jacey Fortin

Anna Betts reports on national events, including politics, education, and natural or man-made disasters, among other things. More about Anna Betts

Cold case murder of WWII veteran in Florida is solved after more than 50 years

The cold case murder of a decorated World War II veteran, killed "execution-style" in the Florida woods in 1968, has been solved 56 years later, authorities announced Thursday. 

Hiram “Ross” Grayam, who became a milkman after serving in the war in Europe, failed to return from his regular delivery route on April 11, 1968, the Indian River County Sheriff’s Office said.

A girl was the last person to see him. She reported running towards Graham’s milk truck and saw two gunmen in the car with him, officials said in a news conference Thursday.

A police description of the case said that an early ‘50s model Chevrolet, occupied by two unknown males, was seen leaving the area at a high rate of speed minutes after gunshots were heard. 

A search was launched for Grayam, and his body was found deep in the woods, shot several times, along with his truck. He was killed “execution style,” Sheriff Eric Flowers said, in a scene investigators described as “chilling.”

“Despite exhaustive efforts, his killer eluded justice,” the sheriff’s office said in a news release. 

The sheriff’s office Cold Cast Unit re-looked into Grayam’s murder and the accounts of two witnesses finally cracked the case.

“Through determination and the cooperation of witnesses, new leads emerged: Thomas J. Williams, now deceased, had confessed to Grayam’s murder, his guilt echoing from beyond the grave,” the sheriff’s office said. 

Though the case went cold for decades, it was an interview Grayam's son, Larry Grayam, did with a local media outlet in 2006 that saw it regain momentum.

“2006, that was the first time that we really got information about Thomas Williams being potentially involved in this," Flowers said in Thursday's news conference. "Thomas Williams wrote a letter to the editor of the newspaper after he saw the coverage that was happening, saying that he had been accused of the murder but he denied having knowledge of it, that he wasn’t involved in it.”

The trail went cold again, and in 2016 Williams died. 

Over the last two years, Williams’ ex-wife and another person came forward.

In February 2022, he came back on the radar after an inmate at Indian River County Jail, who at the time was said to be related to Williams, told detectives Williams confessed to him that “he killed the milkman back in 1968,” TC Palm reported. Then in December 2023, detectives spoke with a woman in Miami who had been married to Williams.

“She did not know this other family member (the inmate), had never spoken to him and gave the exact same account,” Flowers said, TC Palm reported. “Which ultimately gives us two independent witnesses who both say that this guy confessed to killing the milkman to them.”

Flowers noted that the two witnesses were only willing to speak because Williams was dead.

“These folks said, 'I would have never said anything to you before. As long as he was alive, he was a threat to me and my family, we would have never told you.' But the fact that he is now dead gave them the courage to come forward," Flowers said. "Two independent witnesses who both say that this guy confessed to killing the milkman to them, independent of each other, don’t know each other."

Flowers said the identity of the second person considered a suspect is known to detectives, but they did not disclose a name. 

Larry Grayam called the announcement “bittersweet,” saying he was “very pleased that we’ve come to the point that we can now close the case,” TC Palm reported. 

Grayam was remembered as a “beloved milkman” and a decorated veteran who was awarded a Purple Heart.

In his time serving, he saw "the liberation of two concentration camps" and "faced the horrors of the Battle of the Bulge, " one of the most important battles in WWII that helped turned the tide of the war and halted Nazi Germany's advance.

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