Yukon Corrections: Adult Custody Policy Manual. C 1.1 Inmate Visits Approved by: Revised: November 4, 2016

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1 STATEMENT OF POLICY This policy describes the procedures followed in providing, supervising and controlling the visiting program for inmates. AUTHORITIES Corrections Act 2009: sections 1, 17, 18, 20, 21, 23, 25 Corrections Act Regulations 2009: sections 8(1)(g), 8(2), 14, 17, 18, 24, 25(2), 25(3), 25(4), 31-34, 33(1)(b) DEFINITIONS Inmate communications: are defined in the Act as communication made or intended to be made by oral, written, electronic or prescribed means between an inmate and another person, including another inmate, other than a privileged communication specified under paragraph 51(w). Open visits: visits in which there is no physical barrier between the inmate and the visitor. Recording Device: a device capable of recording sound and/or audio to a type of media (CD s, tapes, flash drives, etc.). Secure visits: visits in which there is a physical barrier between the inmate and the visitor. Special visits: visits that occur outside of the normal schedule that are approved by the Officer in Charge. Virtual visits: visits using video-conferencing or similar technology to allow inmates to speak with and see a visitor some distance away. PROVISIONS Visiting rights 1. Inmates have a right to personal visits under section 8 of the Regulations. 2. The right to visits is subject to reasonable limitations that reflect the physical facility or operations and the security of the correctional centre. 3. The Deputy Superintendent is responsible for determining the visiting classification of inmates.

2 Local visiting procedures and rules: 4. The Person In Charge will establish and maintain rules for inmate visits at the correctional centre. These rules will include the following provisions: 4.1. times and places for visiting; 4.2. allowable duration of visits; 4.3. conduct of inmates and visitors during visits; 4.4. procedures specific to visits by parties having rights of privileged communications as defined by section 14 of the Regulations; 4.5. procedures specific to inmates who are eligible only for secure visits such restrictions must be reasonable and may include but are not limited to: inmate security risk level; inmate conduct related to visiting; inmate status before the courts; visitor status or recent conduct the application of search techniques, ; 4.7. procedures specific to periodic open visits involving family and spiritual or cultural groups; 4.8. procedures for the use of virtual visits where this technology is available; 4.9. procedures specific to professional visitors requesting the use of audio recording devices for court purposes only. 5. Persons under the age of 19 must be accompanied by a parent or legal guardian when applying to visit and when visiting. 6. The Superintendent has sole discretion to deny any person entrance to the correctional centre in order to maintain its safety and security. Authority to visit 7. Inmates are required to submit a list of family members or other persons they wish to visit them. 8. Inmates will contact those persons they wish to visit them and advise them to complete a Visitor Application form during business hours at the correctional centre. 9. Visitors must provide the completed Visitors Application Form to reception at the correctional centre either by fax or in person. They will be advised that the form can take up to three business days to process. **NOTE: Highlighted sections on this page are redactions. Each of the following sections of the ATIPP Act apply to every redaction on this page: 19(1)(a), (b), (c), (d), (e), (h), (j), (k) & (l), 22(1)(a) & (b)

3 10. Intermittent inmates may not receive personal visits on weekends, except in emergency situations as approved by the Officer in Charge. 11. If visitors from outside of Whitehorse have not been pre-approved (i.e. are not on the approved visitors list), the Officer In Charge may authorize a visit on a one-time basis. This will be a secure visit and will take place only if the inmate wishes it. The visitor must still complete a Visitor Application Form for future visits. 12. Visitors must pass a security check before a visit. Searches 13. Staff will conduct searches of open and secure visiting areas before and after each visiting period. 14. Inmates attending an open visit will be searched when they enter and leave the open visiting area. 15. Visitors must provide photo identification. Visitors will be routinely searched on entry to the correctional centre in accordance with section 21 of the Act. Conduct during visits 16. Inmates may not have any physical conduct with visitors, except for a brief embrace at the beginning and end of the visit. 17. Mouth-to-mouth contact is not allowed. 18. A child may sit on a parent s lap. Visit termination and suspension 19. Staff may terminate a visit at any time if they believe there is a risk to the safety of the inmate, the visitor or the management, operation, discipline, security or safety of the correctional centre. 20. If a visit is terminated as a result of inmate conduct, the matter may be dealt with under the informal or formal disciplinary processes set out in policy B 4.1 Inmate Disciplinary Process, or administratively under the local rules for visits. 21. If a visit is terminated due to the conduct of a visitor, the staff member will: inform the visitor that the visit is terminated and describe the reasons for the visit termination; inform the Officer in Charge of the visit termination and the reasons for it. 22. Based on the report of the officer and other parties, the Officer in Charge may recommend to the Person In Charge that the visitor s future visits be:

4 22.1. restricted to secure visits; suspended for a period of time up to 30 days (in the case of a minor incident); or suspended for a period of time up to 6 months (in the case of a major incident). 23. If the Person In Charge agrees that the proposed restriction is reasonable, he or she will write to the visitor to notify him or her: that the visit has been restricted in one of the prescribed ways in item 22; of the specific conduct alleged; that he or she has the opportunity to appeal the suspension or restriction to the superintendent within 14 days of the decision. 24. When the Superintendent receives an appeal of visiting suspensions or restrictions, he or she will respond within 14 days. Visiting for specific populations 25. Female inmates will have different visit times than those of male inmates. 26. Segregation and separate confinement inmates retain visiting rights subject to: reasonable security and safety concerns with respect to the type, location or timing of a visit; section 33 (1)(b) of the Regulations, which prohibits the restriction of visiting as a disposition unless the offence is related to a visit. 27. Requests for special visits for federal offenders awaiting transfer may be made to a Deputy Superintendent. 28. All special visits are secure unless authorized by the Deputy Superintendent. Prohibition of visiting between inmates 29. Subject to section 31 through 34, and section 24, inmates may not visit other inmates within the correctional centre. This rule does not apply to casual contact within a living unit or program area. 30. Male and female inmates will not be in the same living unit or program area at the same time and are not permitted any contact in these areas or during program times. 31. The Superintendent may allow visits between inmates if satisfied there is a compelling reason to do so: the inmates are directly related to one another and:

5 there has been a death of an immediate family member (son, daughter, mother, father or sibling); there is a critical emergency involving the health of an immediate family member; there is a critical emergency involving the health of one of the inmates requesting the visit; any other compelling reason, considered on a case-by-case basis. 32. Before approving the visit, the Superintendent will consider the following: the immediate or emergent need of the request; operational and security priorities, including compatibility and no-contact orders; operation and security considerations to ensure the safety and security of staff, the institution, inmates and the visiting inmates; and/or input from any or all of case management, IOM, senior correctional officers, elders and counselors. 33. All inmate-to-inmate visit requests, denials or approvals will be documented and filed for future reference. 34. All visits in these situations must be directly supervised by an officer. RELATED POLICIES & DIRECTIVES B 4.1 G 2.16 Inmate Disciplinary Process Visitor Application form HISTORY