Reviewed on: April 17,2016

Can an inmate get married while in federal prison?

Can an inmate married while in jail?

Asked: October 26,2015
Ask the inmate answer
1
Yes, definitely in federal prison and many state prison systems allow for it. BOP Handbook states: Inmate marriages will be requested, approved, and conducted in accordance with all applicable laws, rules, and regulations. Eligibility to marry. An inmate’s request to marry shall be approved provided: (a) The inmate is legally eligible to marry; (b) The inmate is mentally competent; (c) The intended spouse has verified, ordinarily in writing, an intention to marry the inmate; and (d) The marriage poses no threat to institution security or good order, or to the protection of the public. For example, staff shall review closely the marriage request of all inmates housed in Medium, High, and Administrative Security Level institutions. This scrutiny is to ensure the request is not made to circumvent existing Bureau visiting policy, thereby posing a threat to institution security or good order. A federal inmate confined in a Bureau institution who wants to get married shall submit a request to marry to the inmate’s unit team. The unit team shall evaluate the request. A written report of the unit team’s findings, and its recommendation, shall be forwarded to the Warden for a final decision. The unit team shall base its recommendation on the criteria found in Section 7. When relevant, a unit team representative may request information from the U.S. Probation Officer, the intended spouse’s family (for example, where there is a question about the age of the intended spouse), or other appropriate source(s). (1) Information on the inmate’s legal eligibility to marry is determined through conversation with the inmate and by reviewing the Inmate Central File, including the Pre-Sentence Investigation Report. Indication of a present or prior marriage, including a common-law marriage, requires written verification that the marriage is legally dissolved. The status of a common-law marriage, and its dissolution, are determined under the law of the state where the marriage occurred. Questions on an inmate’s legal eligibility to marry shall be referred to the Regional Counsel. (2) Information on an inmate’s mental competence may be obtained by reviewing mental health reports prepared on the inmate prior to and/or during the present period of confinement. A mental competency examination should not be conducted specifically to determine the inmate’s mental competence to marry. (3) A unit team representative should contact, and request a written statement from, the intended spouse to verify that party’s interest in marrying the inmate. If requested, the staff member may reveal public record information from the inmate’s file, but this contact shall not include a specific discussion of the inmate’s personal history, or suitability for marriage. An intended spouse who requests this information shall be advised to discuss these issues with the inmate, or, if preferred, to write the Warden. (4) The unit team shall assess whether the marriage poses a threat to institution security or good order, or to public protection. As part of their review, the unit team shall consult with the Captain for his or her assessment. (b) The Warden shall notify the inmate in writing whether the inmate’s request to marry is approved or disapproved. A copy of this notification shall be placed in the inmate’s central file. When the Warden’s decision is to disapprove the inmate’s request, the notification to the inmate shall include a statement of reason(s) for that action. The Warden shall advise the inmate that the decision may be appealed through the Administrative Remedy Procedure. (c) All expenses of the marriage (for example, a marriage license) shall be paid by the inmate, the inmate’s intended spouse, the inmate’s family, or other appropriate source approved by the Warden. The Warden may not permit appropriated funds to be used for an inmate marriage. **The** **Warden** **shall** **approve** an **inmate’s** **request** to **marry** except where a legal restriction to the marriage exists, or where the proposed marriage presents a threat to the security or good order of the institution, or to the protection of the public. The Warden may approve the use of institution facilities for an inmate’s marriage ceremony. If a marriage ceremony poses a threat to the security or good order of the institution, the Warden may disapprove a marriage ceremony in the institution.
Accepted Answer Date Created: October 27,2015

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