Can I be denied visitation to my husband in prison?

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Can I be denied visitation to my husband in prison?

I used to work at a prison, after I
quit, I started communicating with
an inmate. He was moved to another
prison where we got married. He is
now being moved back to the prison
I worked at. Can they deny me
visitation.

Asked on June 8, 2018 under Criminal Law, Hawaii

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no constitutional right to visit an inmate; this is true even for a spouse. If such a visit would pose a risk to security or be otherwise disruptive then the prisoner would lose their visitation priviledge, which is just that - a priviledge and not a right.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can be denied visitation. There is no Constitutional or otherwise inherent right to visit a prisoner, even a spouse. If they deem that the visit would be disruptive or pose a security risk, or if your husband does anything that loses him the privilege of a spousal visit, they can refuse to allow you to visit him.


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