New Mexico Department of Corrections (NMCD) Visitation Center

General: [4-4499-1]

1. Facility visiting programs shall establish specific visiting days. However, provisions may also be made for special visits.
2. Facility visiting programs shall include security measures designed to safeguard the visitors, staff and inmates and maintain institutional security. These measures shall include, but not be limited to: approval of visitors, reasonable searches for controlled substances or other contraband and visitor registration. All detection devices shall be properly maintained and administered only by staff that has received training.
3. All visitors will read and are required to sign the Visitor Statement of Understanding Attachment (CD-100201.A) prior to any visit.
4. Visitors are prohibited from bringing alcohol or any controlled substance onto Department property at any time. Visitors, who use, possess or distribute alcohol or controlled substances, or attempt to introduce alcohol, controlled substances or other contraband while visiting will be reported to the appropriate local law enforcement agency and will be removed from Department property. Future visiting privileges of violators will be suspended or terminated pursuant to procedure CD-100201.
5. Documentation regarding visiting violations will be placed in the inmate's file and a copy will also be attached to the inmate's visiting card. It will be the responsibility of the holding facility to ensure that this documentation is forwarded at the time of transfer to another unit. On a quarterly basis each facility will compile a list of all suspended visitors and send the list to the Director of Adult Prisons.
6. Due to security concerns, current and/or former employees of the Department or Contractors will not be allowed to visit any inmate at any facility, unless they are a lawful spouse or immediate family member and have been approved by the facility Warden. Marital status will be verified by marriage certificates or marriage license.
7. Convicted felons will not be allowed to visit any inmate at any time. An exception may be made for verified relatives or a lawful spouse. Marital status will be verified by marriage certificates or marriage license.
8. Intrafacility and interfacility visits are prohibited.
9. Visitors shall wear appropriate attire at all times as set out in the Dress Code for Visitors Attachment (CD-100201.B).
10. A responsible parent or legal guardian who is at least 18 years of age must accompany underage visitors.
11. Any inmate who has been convicted of a crime whereby the victim of the crime is a minor shall not be allowed to visit with the victim of that crime until the victim has reached the age of 18.
12. All approved visitors must surrender a valid picture ID upon entering a facility to visit.
13. The Shift Commander may refuse to allow any particular visit or suspend any visit for good cause or reason. The Shift Supervisor shall document in writing the reason for denying or suspending a visit on the Denial/Suspension of Visiting Privileges form (CD-100201.2). A copy of this documentation shall be sent to the Warden.
14. Inmates classified, as Disciplinary Segregation, Pre-Hearing Detention, Custody Level IV, Custody Level V, and Custody Level VI, Alternative Placement Area (MHTC Level VI) included, are limited to face-to-face noncontact visiting where visiting is permitted. The facility Warden may restrict any inmate classified as Custody Level V and/or Custody Level VI to video visiting if security needs dictate and in accordance with CD-143000. Inmates sentenced to capital punishment shall ordinarily be limited to face-to-face noncontact visits and/or video visits, but may be approved for contact visits in exceptional circumstances as specified by the facility warden. Custody Level IV Tier I will be allowed contact visits as table of services per policy (CD- 143200).
15. Inmates classified as Custody Level III and housed in a Security Level III facility, are eligible for contact visiting. Inmates are permitted a brief hug and/or kiss at the beginning and upon completion of the visit. Inmates will be seated across a table from all adult visitors without physically touching their adult visitors, but they may hold their own children.
16. Inmates classified as Custody Level II and housed in a Security Level II facility are eligible for contact visiting. Inmates are permitted a brief hug and/or kiss at the beginning and upon completion of the visit. Inmates will be seated across a table from all adult visitors, are permitted to hold hands with adult visitors across the table and they may hold their own children.
17. Inmates classified as Custody Level I and housed in a Security Level I facility are eligible for contact visiting. Inmates are permitted a brief hug and/or kiss at the beginning and upon completion of the visit. Inmates may be seated next to all visitors, are permitted to hold hands with all visitors and they may hold their own children.
18. Inmates assigned to the Long Term Care Unit (LTCU) or the Mental Health Treatment Center (MHTC), are eligible for visits consistent with their approved custody level. Exceptions may be made on a case-by-case basis by the facility Warden.
19. Inmates at a Sanctioned Parole Violator Unit (SPVU) may be limited to face-toface non-contact visits based on their current facility-visiting program.
20. If the Warden determines that results of the random drug testing program show positive drug test results in excess of five percent or determines that a security risk exists which may relate to control of the visiting program, the Warden may submit a written request to the Director of Adult Prisons to institute restrictions on visits which may include non-contact visits at the facility, a portion of the facility or with regard to particular inmate(s). The written request will include a justification for the request, the type of restrictions and the specific time period that the restriction will be in effect. These types of restrictions or an extension of this type of a restriction shall not be implemented without prior written approval of the Director of Adult Prisons.
21. The Warden may limit a particular visit, with approval of the Deputy Director of Adult Prisons to non-contact visiting based on the following: A positive result from a urinalysis test or a refusal to submit to testing, or a misconduct report for possession of drugs or narcotics;
1) 1st offense within a 12 month period = maximum 90 days.
2) 2nd offense within a 12 month period = maximum 180 days.
3) 3rd offense within a 12 month period = maximum 365 days.
Note: All visiting limitations shall be reported, in writing, to the Director of Adult Prisons.
22. Failure by a visitor to follow the dress code may result in a delay of the visit or denial of the visit for that day if appropriate attire is not acquired.
23. All forms and documents necessary to facilitate a visit shall be sent or given to the inmates classification officer or designated coordinator. B. Attorney/Attorneys Agent/Foreign Diplomatic Visits: [4-4280] Inmates classified, as Custody Level I, Level II, Level III, or Level IV are eligible for contact Attorney/Attorneys Agent/Foreign Diplomatic Visits. Inmates classified, as Custody Level V or Custody Level VI, MHTC included, are eligible for contact Attorney/Attorneys Agent/Foreign Diplomatic Visits but are subject to full restraints (leg irons and belly chains) at all times. Non-Contact visits may be implemented by the Warden or Deputy Warden if an inmates behavior has recently been documented as disruptive, violent, and/or threatening, if requested by the Attorney/Attorneys Agent/Foreign Diplomat or if there is good cause to believe that a specific threat to the security of the institution exists. C. Approval of Visitors: [4-4499] [4-4500]
1. All inmate visitors must submit a Visitor Application for Visiting Privileges form (CD-100201.1) in advance for processing and to be added to an inmates visiting list before visitation is permitted. An inmate may not have more than 15 approved visitors listed on his/her visiting list. All Visitor Application for Visiting Privileges forms that have been approved shall be placed in the inmates file.
2. During the intake process at Reception and Diagnostic Center (RDC), relatives approved by the Department, will be granted a 30-day temporary approval, provided that the inmate has identified the prospective relatives at intake and the name(s) of the relatives and the relationship to the inmate appear on the inmate's Visiting Card. Visitors so identified must complete and return a visiting questionnaire at the time of their visit. Legal spouses are determined by marriage certificate or marriage license.
3. During the intake process at each facility, each inmate will be given a copy of the facility rules/regulations and each inmate will be given an opportunity to request that visitors be added or removed from their permanent visiting card on which the inmate will provide the institution with the name, age, relationship and address of each newly requested visitor.
4. Each institution will send a Visitor Application for Visiting Privileges form (CD-100201.1) to each person who has been identified by the inmate and is being requested as a visitor, regardless of relationship or age along with written information regarding procedures governing visitation. This information shall include the facility address, phone number, and directions to the facility, information about local public transportation, public transit terminals, and days and hours of visitation, dress code, identification requirements for visitor entry, authorized items, rules concerning infants and children visiting the facility, family visit and special visits. [4-4504]
5. Visitor applications must be processed on a timely basis. The applicant will be notified of acceptance or rejection.
6. After the RDC initial 30-day period, the temporary visiting card will be replaced with a permanent visiting card that will only reflect the names of visitors that have an approved application in the inmates file.
7. The fact that a person was previously granted a temporary visiting authorization does not necessarily mean permanent visiting privileges will be granted.
8. All applicants that are not relatives may not visit until their applications have been received, processed, approved, and appropriate notices issued.
9. Each institution will review all applications to ensure completeness and validity of the information provided. Applications not properly completed will be returned for correction.
10. Special visit requests will be handled on a case-by-case basis in accordance with established program requirements.
11. No visits will be authorized except for those visitors approved by the institution or those approved for a special visit.
12. All approved visitors that are 16 years of age and older, must surrender a valid picture ID upon entering a facility for visiting. The following are recognised picture IDs:
a. Drivers license from any state.
b. State identification from any state.
c. Passport.
d. Military I.D.
e. Immigration card picture I.D.
f. Senior Citizen I.D.
g. Honor Citizens I.D.
h. High-School I.D.
13. An example of unacceptable identification is:
a. Check Mart I.D.
b. Check Cashiers I.D.
c. Business I.D. Tag.
d. Bingo I.D. Card.
e. Costco Club/Sams Club I.D. 14. Inmates may submit a written request for additions and deletions to their visiting lists, including individuals that may send money to the inmate, but will not visit, through their Classification Officer. This can be completed every one hundred and eighty (180) days.
15. Members of the clergy who are not approved volunteers and want to visit with an inmate on a professional basis must make a request to the Deputy Warden prior to any visit. Clergy that desire a personal visit are subject to normal procedures as outlined for regular visitors.
16. Foreign nationals are afforded access to their diplomatic representative of their country of citizenship. Visits with a diplomatic representative shall be coordinated by the facility Programs Manager or Deputy Warden.
17. Hospital visits shall be determined by the Hospital Administrator in conjunction with the Deputy Warden/Duty Officer or designee and shall be limited to immediate family members only. The Deputy Warden must grant prior approval of all hospital visits and implement additional security supervision as necessary for that visit.
18. All special visits (e.g., visitors travelling over five hundred (500) miles, prospective employers, law enforcement officers, etc.) may be requested using the Special Visit Request form (CD-100201.3). Visitors must have prior initial approval by the Unit Manager, Programs Director or Classification Supervisor and final approval from the Deputy Warden. Relatives who reside out-of-state and who seldom visit are not required to be listed on the inmates approved visiting card and may visit as a special visit with prior written approval.
19. An attorney visit requires a 24-hour notice. An attorney may be limited to meeting with only one client at a time due to security risks. Special permission must be granted by the Warden for an attorney to meet with more than one inmate client at any one time. Attorney visits should be limited to times outside the normal visiting hours in order to better accommodate and facilitate an attorney visit. All attorney visits require prior approval of the Deputy Warden.
20. Central New Mexico Correctional Facility (CNMCF) will establish a program for visiting at the LTCU and the MHTC in accordance with this policy and as approved by the Adult Prisons Division. D. General Visiting Practices: [4-4498]
1. An Inmate may be limited to three visitors (six years of age and older) and limited to three children (five years of age or younger) at any one time if space permits. The length of the visit may be limited only by the individual institutions schedule and space availability. Exceptions may be made on a case-by-case basis.
2. If a number of visitors wish to visit an inmate, the visitors may divide the time allotted for the visit and alternate once during the visit. However, after a visitor has been processed out of the visiting area, that visitor is not allowed to return into the visiting area for that day.
3. An inmate and visitors are responsible for the conduct of infants and children and shall be required to monitor and exercise proper control of them during the visit. Nuisance created by infants, children and/or adults will be sufficient reason to suspend a visit.
4. Inmates shall not be denied visiting privileges with persons of their choice, except when the Warden or designee can present clear and convincing evidence that such visitation jeopardizes the safety and security of the institution or others, or except as otherwise provided herein.
5. No persons shall be denied permission to visit, solely because of their sex, marital status, status as an ex-offender (except former inmates), or because of the marital status of the inmate. Visitors listed on more than one inmate visiting list at any one facility may be denied if not a relative.
6. Individuals on Probation/Parole (with permission of his or her Probation/Parole Officer) and ex-offenders will be reviewed by the Deputy Warden for approval.
7. Inmates in general populations, who are incarcerated with a relative, may be allowed to visit together with approval of the Deputy Warden.
8. Visiting hours may be limited and may be altered due to holidays, over-crowding, adverse weather security risks, construction, health hazards, etc. Visitors will be notified upon arrival if a limitation exists.
9. Visitors who must travel a long distance and may only be able to visit once a month or longer, may request an extended visit which shall be reviewed by the Deputy Warden and may be approved on a case-by-case basis.
10. Each inmate may have up to 15 approved visitors on their visiting list, regardless of relationship, provided that they have been cleared by the Deputy Wardens office. The Warden or designee may authorize an increase in the size of the list due to extenuating circumstances (e.g., the inmates family is larger than 15 people).
11. No visitor under the age of 18 will be allowed to visit without first having been properly identified and accompanied by a responsible adult relative, a parent or legal guardian or has been verified as the inmates legal spouse.
12. Restroom facilities shall be available during visits. Only one adult person will be permitted in any one restroom at any one time. Facilities may use controlled entry devices or locks in order to prevent access to more than one adult person into a restroom at any one time. Children that need assistance, or for purposes of a diaper change, may enter with a visiting parent.
E. Visitor Property:
1. Visitors are authorized to enter visiting areas with a combined total of $20.00 in loose change for use in vending machines.
2. Visitors with infants will be permitted to enter with or have access to; 2 plastic bottles or a sip-cup, 3 diapers, a blanket, baby wipes, factory sealed baby food and one plastic baby spoon, a pacifier, baby carrier, etc. Any other items needed that are not listed will be determined on case-by-case bases by the Shift Commander.
3. Visitors are not permitted to enter the visiting area with hats, sunglasses (unless prescription), pagers, cell-phones, any electronic device not associated with an immediate medical health condition, tobacco items of any kind, matches or lighters, or any device, object, or substance whether animate or inanimate that is capable of causing injury or fear of injury, nor alcohol, controlled substances, illegal substances, keys, currency in excess of a combined total of $20.00 in loose change, gifts or packages of any kind, nor more than two rings, one watch and/or one necklace, pornography, magazines or books, purses, handbags, glass cases, diaper bags, strollers, games, cards, papers of any kind or any other personal items.
4. Visitors will surrender all personal items to the Visiting Officer for inspection and approval. The Shift Commander on a case-by-case basis shall make a determination on any questionable items not covered by this policy.
5. Visitors should take precautions to time their visits to not coincide with the need for the application of prescription medicine, including insulin, when possible. All prescription medicine, including insulin, will remain in the visitors vehicle and should a need for these medicines arise and the visit is not concluded, a Correctional Officer shall accompany the visitor to their vehicle and then back to the visiting area. Under no circumstances will prescription medicines, including insulin, be allowed into the visiting area.
6. Visitors are required to exit the visiting area with all property that they originally entered with, except for loose change that was used in vending machines or items that were properly disposed of such as a dirty diaper. Under no circumstances is a visitor allowed to pass possession of any item to an inmate.
F. Conduct of Visitors and Inmates:
1. The visiting area will be designed to accommodate visiting in accordance with an inmates custody level and the facility custody level as described in the policy statement of this procedure.
2. Inmates that are permitted a brief hug and kiss are permitted only that. Abuse of this privilege will not be tolerated and immediate suspension of a visit may occur for prolonged hugging and kissing, French kissing, or excessive displays of affection that disrupt the visiting environment. The exposing of, or physical contact with, the clothed or unclothed sexual body parts of an inmate or a visitor will result in an immediate suspension of the visit and may result in denial of future visitation privileges.
3. Any disorderly conduct, which includes the use of hostile, vulgar, or profane language, unruly behaviour, engaging in activities that disrupt or disturb others, creating loud noises, creating unsanitary conditions or which disrupts the orderly operation of the visiting room is prohibited.
4. Any attempt to circumvent the regulations outlined in this policy statement may result in immediate and future suspension of visiting privileges or other administrative or legal remedy pursuant to the laws of the State of New Mexico.
G. Entry Procedures for Visitors: [4-4503]
1. Visitors may be subjected to metal detectors, drug dogs or other drug detection instruments prior to being cleared for visiting. A visitor who refuses to cooperate or attempts to circumvent these detection procedures will not be allowed to visit that day and may be suspended from future visiting privileges.
2. Officers assigned to the front reception area should have periodic training in public relations and be exceptionally alert to prevent the introduction of contraband. Facilities with a walk through metal detector will have all visitors clear the metal detector prior to entry.
3. When the use of controlled substance detection equipment indicates that a visitor may have handled or come in contact with a controlled substance or if there is any reasonable suspicion that a visitor may be in possession of contraband, the following applies:
a. The Shift Supervisor will be immediately notified and shall respond to the reception area. The Shift Supervisor will determine which of the following procedures will be implemented based on the type of facility;
1) Privately operated facilities may restrict the visit to face-to-face noncontact.
2) State operated facilities may require that the visitor read and sign the Consent to Be Searched Attachment (CD-130301.A) and submit to a strip search and vehicle search prior to being allowed to visit. If the visitor consents to a strip search and no contraband is found, the visit will be permitted. If the visitor refuses to consent to a strip search the Shift Supervisor shall limit the visit to face-to-face non-contact. If the visitor refuses to consent to a strip search and face-to-face non-contact visiting is not available, the Shift Supervisor shall turn the visitor away and explain that their visit is not being permitted for that day and state the reason for denial.
b. Under all circumstances, the Shift Supervisor will treat the visitor respectfully and courteously.
c. Under no circumstances is the visitor to be allowed physical contact with an inmate if that visitor is suspected of having had contact with or having possession of controlled substances or other contraband and has not consented to and undergone a thorough strip search.
d. A detailed report will be forwarded to the Deputy Warden detailing what occurred and shall be accompanied by any supporting documents, staff witness statements and/or photos of any evidence. e. Visitors under the age of (18) eighteen will also be required to submit to drug detection device testing procedures. However, at no time will a minor be subject to a strip search. A positive result on a minor will result in Face-to-Face Non-Contact visiting or denial of visitation for that day if Face-to-Face Non-Contact visiting is not available.
f. For those visitors who submit to a search and are found to be in possession of controlled substances or contraband, the facility warden shall permanently terminate their visiting privileges at all NMCD facilities, State or privately operated.
4. All strip searches will be conducted in accordance with the Search Policy (CD- 130300).
H. Violation Sanctions:
When a visitor is involved in a minor or major violation that is disruptive to the orderly operation of the institution, the following sanctions may apply:
1. The first time a minor violation is committed by the visitor, the sanction may result in a suspension of visitation privileges for a period of up to (30) thirty calendar days to be determined by the Warden.
2. A second minor violation by a visitor within a six-month period may result in a suspension of visitation privileges for a period of up to (6) six months to be determined by the Warden.
3. A third minor violation within a one-year period or a major violation committed by a visitor may result in an indefinite suspension or permanent termination of visiting privileges from any and all NMCD facilities, whether State or privately operated. The individual will not be allowed on the grounds of any NMCD facility or to visit any New Mexico inmate housed in a State or privately operated facility, for any purpose
4. Administrative proceedings for the indefinite suspension or permanent termination of a relatives eligibility to participate in the visiting program shall be in accordance with procedure CD-100202 (Indefinite/Permanent Suspension of a Relatives Visiting Privileges).
5. Visitors shall be notified in writing of the suspension of visitation privileges, via certified mail, using the Visitor Notification of Action form (CD-100201.4). A copy of this form shall also be sent to the inmate that has that visitor on his or her visiting card.
6. Any visitor who has received a suspension or permanent termination from visiting shall also receive a Visiting Suspension Appeal form (CD-100202.8) and may appeal his or her suspension or permanent termination to the Director of Adult Prisons by completing the form and forwarding it through the Wardens office (for tracking and processing). Any such appeal may be renewed annually.
I. Visitors, who use, possess, distribute or attempt to introduce alcohol, controlled substances or other contraband, while visiting will be reported to the appropriate local law enforcement agency and will be removed from NMCD property.
J. Local law enforcement will be notified of any criminal offense committed by a visitor and the Department will request that the visitor committing the offense be prosecuted.