Prisoners' Rights

The law has long recognized the importance of VISITATION RIGHTS, because such rights aid the prisoner's eventual transition back into the community by keeping the individual in touch with society.

Prisoners do not have a constitutional right to enjoy contact visits, as opposed to arrangements in which prisoners are only permitted to talk to visitors over a telephone (Block v. Rutherford, 468 U.S. 576, 104 S. Ct. 3227, 82 L. Ed. 2d 438 [1984]). Courts have held that restrictions on visitation must be reasonable and related only to security needs and good order. Prisoners do not have a right to engage in sexual relations with a visitor.

The issue of the right of a prisoner to communicate and see visitors becomes more significant when the proposed visitor is a news reporter. Federal courts have held that a genuine need for security must be given greater weight than access to the media. Although inmates have a First Amendment right to communicate with the media, this right can be satisfied through the mail.

Before an individual interview with a reporter is approved, prison officials can require the prisoner or reporter to complete an application that discloses the names of the persons involved and the nature of the intended discussions. Officials can also limit reporters to random interviews conducted during a tour of the prison, as opposed to prearranged interviews with specific prisoners. In addition, face-to-face interviews can be banned for any prisoner who has been placed in maximum security.