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HOUSE BILL NO. 1246
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Public Safety
on ________________)
(Patron Prior to Substitute--Delegate Glass)
A BILL to amend the Code of Virginia by adding a section numbered
53.1-35.3
, relating to state correctional facilities; visitation privileges; Visitation Enhancement Program established.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered
53.1-35.3
as follows:
§
53.1-35.3
. Visitation
Enhancement Program
; enhanced visitation privileges
.
A.
For the purpose of this sectio
n, "e
nhanced appropriate physical affection"
includes
kissing, embracing, and touching as long as such physical affection would be acceptable in a public place and does not offend other
prisoners
and visitors or aid in the introduction of contraband or escape attempts.
"E
nhanced appropriate physical affection"
includes
(i) an embra
ce and kiss at the beginning and at the end of any contact visit;
(ii)
b
rief kisses and embraces
; (iii)
hold
ing
hands, as long as the hands are in plain view of staff
; (iv)
rest
ing
hands upon
another's
shoulders or around
another's
waist
when a
prisoner
and visitor are sitting next to
one
an
other
;
(v) r
esting one's head on another's shoulder when
a
prisoner
and visitor are sitting next to one another.
"Enhanced appropriate physical affection" does not include
unacceptable physical conduct such as
prolonged kissing,
intercourse, sodomy, touching sexual or other intimate parts of another person, or masturbation
.
B.
All state correctional facilities
shall
participate in the Visitation Enhancement Program (the Program) and shall
provide visitation
privileges
to
prisoners
in accordance with the standards set forth
in this section
.
Allowing visitation privileges
for
prisoners
shall be a priority and
unless a visit would violate any state or federal law,
such
visitation
privileges
may only be revoked by a state correctional facility based on documented risks to facility safety and emergencies.
C
.
All
prisoners
in state correctional facilities shall be classified within one of three phases of
the Program, which shall be based on
the
class level at which the
prisoner
earns good time
such as
good
conduct time
pursuant to
Article 2 (§
53.1-192
et seq.) of Chapter 6
, good conduct allowances
pursuant to Article 3 (§
53.1-198
et seq.) of Chapter 6
, or earned sentence credits
pursuant to Article 4
(§
53.1-202.2
et seq.)
of Chapter 6
as follows
:
1.
A
prisoner
earning any such good time at
Level II, Level III, or Level IV shall be classified as Phase I and
shall be permitted
a minimum of
one visitation period per week during which visitors shall be permitted to visit for at least two hours and up to four hours.
2.
A
prisoner
earning any such good time at Level I for a period of up to one year shall be classified as Phase II
and shall be
permitted a minimum of three visitation
periods
per week
,
including on at least one weekday
, during which visitors shall be permitted to visit for at least two hours and up to four hours
.
3.
A
prisoner
earning any such good time at Level I for a period of one or more consecutive years shall be classified as
Phase III and
shall be
(i)
permitted a minimum of four
visitation
periods per week, including on at least one weekday
, during which visitors shall be permitted to visit for at least two hours and up to four hours
; (
ii
) permitted to participate in holiday family meals with visitors
, which shall allow a
prisoner
an additional period of visitation
on designated holidays
for at least two hours and up to four hours
during which food may be provided by the
prisoner
's visitors
, subject to security requirements
; and (
iii
) to the extent possible, allowed access to visitation in designated outdoor areas of the state correctional facility
.
D
. Visitors shall be permitted to visit a
prisoner
for at least two hours prior to a visit being terminated
due to capacity issues. If the visitation area is at maximum capacity, state correctional facility staff shall ask visitors, on a voluntary basis, to end their visit. If a sufficient number of visitors fail to volunteer, staff shall terminate visits, beginning with the first visitors processed
,
until the
required
seating or space is available for incoming visitors.