Conjugal visit

The Mississippi State Penitentiary in the United States offered conjugal visits throughout its history^[1]

A conjugal visit is a scheduled extended visit during which an inmate of a prison is permitted to spend several hours or days in private, usually with a legal spouse. While the parties may engage in sexual intercourse, the generally recognized basis for permitting such a visit in modern times is to preserve family bonds and increase the chances of success for a prisoner's eventual return to life outside prison. Additionally, the incentive of conjugal visits means that inmates are strongly motivated to comply with the various day-to-day rules and regulations of the prison. As a result, inmates consciously avoid any infringement which might disqualify them from having a conjugal visit.

The visit will usually take place in a structure provided for that purpose, usually a caravan, but sometimes a trailer or small cabin. Supplies such as soap, condoms, tissues, sheets, pillows, and towels may be provided.^[2]

Country

Australia

In Australia, conjugal visits are permitted in the Australian Capital Territory and Victoria.^[3]

Brazil

In Brazil, male prisoners are eligible to be granted conjugal visits for both heterosexual and homosexual relationships, while women's conjugal visits are tightly regulated, if granted at all.^[4]

Canada

In Canada, all inmates, with the exception of those on disciplinary restrictions or at risk for family violence, are permitted "Private Family Visits" of up to 72 hours' duration once every two months. Eligible visitors, who may not themselves be prison inmates, are: spouse, or common-law partner of at least six months; children; parents; foster parents; siblings; grandparents; and "persons with whom, in the opinion of the institutional head, the inmate has a close familial bond." Food is provided by the institution but paid by the inmates and visitors, who are also responsible for cleaning the unit after the visit. During a visit, staff members have regular contact with the inmate and visitors.^[5]

Denmark

In Denmark, conjugal visits have been allowed for years. The new prison in Jutland "Statsfængslet Østjylland" (East Jutland State Prison) has apartments for couples, where inmates who have been sentenced to more than 8 years in prison can have visitation for 47 hours per visit.^[6]

France

France allows prisoners who have earned the right to a conjugal visit to stay in decorated home-like apartments. Spouses of inmates may use these apartments as a primary residence, with inmates permitted to cohabitate as much as three days a week.^{[citation needed]}

Ireland

Marie and Noel Murray, an anarchist married couple imprisoned for a 1976 murder, lost a 1991 appeal for conjugal rights.^[7] The Supreme Court ruled that the Constitutional right to beget children within marriage was suspended while a spouse was lawfully imprisoned.^[8]

Israel

The Israel Prison Service (IPS) allows standard conjugal visits to inmates who are married or are in a common-law relationship, and have been on good behavior. Inmates eligible for prison leave are not allowed conjugal visits, and requests for conjugal visits can be rejected on security grounds. Conjugal visits can also be withheld as a means of punishment. The IPS has five conjugal visit facilities, all of which are single-story buildings located outside the common prison blocs. IPS guidelines currently make no mention of same-sex conjugal visits.^[9]

Mexico

Specifically in Mexico City, in July 2007, the prison system in that city has begun to allow gay prisoners to have conjugal visits from their partners, on the basis of a 2003 law which bans discrimination based on sexual orientation.^[10]

New Zealand

Inmates in New Zealand prisons are not allowed conjugal visits.^[11]

Pakistan

In Pakistan Appeal has been made in 2010 by the court to allow male prisoners conjugal visits from their female spouses. Chief Minister Sindh speaking to the reporters expressed a desire to enact a law that will make it possible for the prisoners to meet their wife for a night twice a month.

Russia

In the Russian penal system, since a campaign of prison reform that began in 2001, well-behaved prisoners are granted an eighteen-day holiday furlough from incarceration to see loved ones. Prisoners also get extended on-site family visits, approximately once per month.^[12]

Saudi Arabia

According to Islamic Sharia Laws, conjugal visits are permitted in Saudi Arabia.

United Kingdom

Neither the English and Welsh, Scottish nor Northern Irish prison systems allow conjugal visits, and political pressure to punish criminals makes it a difficult issue to suggest. However, home visits, with a greater emphasis on building other links with the outside world to which the prisoner will be returned, are allowed.^[13]

United States

The United States Federal Bureau of Prisons does not allow conjugal visits for prisoners in federal custody.^[14] For prisoners in state custody, the availability of conjugal visits is governed by the law of the particular state. Where conjugal visits are allowed, inmates must meet certain requirements to qualify for this privilege:

The visitor may be required to undergo a background check, and the inmate must also be free of any sexually transmitted diseases. As a matter of procedure, both visitor and inmate are searched before and after the visit, to ensure that the visitor has not attempted to smuggle any items in or out of the facility.

Over the last 40 years, most new prisons included special buildings specifically designed for "Sunday visits." Today, conjugal visitation programs, also known as the Extended Family Visit, survive in six states: California, Connecticut, Mississippi, New Mexico, New York, and Washington.^[15]

In June 2007, the California Department of Corrections announced it would allow same-sex conjugal visits. The policy was enacted to comply with a 2005 state law requiring state agencies to give the same rights to domestic partners that heterosexual couples receive. The new rules allow for visits only by registered domestic partners who are not themselves incarcerated. Further, the domestic partnership must have been established before the prisoner was incarcerated.^[16]

In April 2011, New York adopted to allow conjugal visits for currently married, or civil-union spouses same-sex partners.^[17]

See also

• Same-sex conjugal visit, in the article LGBT people in prison

References

• Hopper, Columbus B. (September 1962). "The Conjugal Visit at Mississippi State Penitentiary". The Journal of Criminal Law, Criminology, and Police Science (Northwestern University) 53 (3): 340–343. doi:10.2307/1141470. JSTOR 1141470. 

Notes

1. ^ Hopper 1962, 340-341.
2. ^ "Conjugal Visits". http://www.mdoc.state.ms.us/conjugal_visits.htm. Retrieved 3 April 2011. 
3. ^ "ACT prisons allow conjugal visits". The New Zealand Herald. 8 June 2009. http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10577199. Retrieved 25 September 2011. 
4. ^ BBC News "Sex on sentence"
5. ^ "Private Family Visiting". Correctional Service of Canada. http://www.csc-scc.gc.ca/text/pblct/visit/index-eng.shtml. Retrieved 2008-12-29. 
6. ^ "Statsfængslet Østjylland" - Prison Homepage - visitation from family
7. ^ "Programme 2: Garda Michael Reynolds". Garda ar Lár. RTÉ. http://www.rte.ie/tv/gardaarlar/prog2.html. Retrieved 2009-11-17. 
8. ^ "Constitutional right to beget children within marriage is suspended while one spouse is lawfully imprisoned". The Irish Times: p. 21. 27 May 1991. http://www.irishtimes.com/newspaper/archive/1991/0527/Pg021.html#Ar02100. Retrieved 2009-11-18. 
9. ^ http://www.ynetnews.com/articles/0,7340,L-3715983,00.html
10. ^ "Mexico allows gay conjugal visits". BBC News. 2007-07-30. http://news.bbc.co.uk/2/hi/americas/6922140.stm. Retrieved 2010-04-30. 
11. ^ "Getting married behind bars". The New Zealand Herald. 19 June 2004. http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=3573482. Retrieved 2010-12-04. 
12. ^ Whittell, Giles (2006-06-02). "After the Gulag conjugal visits computersand a hint of violence". The Times (London). http://www.timesonline.co.uk/tol/life_and_style/article670530.ece?token=null&offset=0. Retrieved 2010-04-30. 
13. ^ Enhanced Home Leave 11-1-06
14. ^ "Conjugal Visits: General Information." Federal Bureau of Prisons. Retrieved on December 30, 2009.
15. ^ "[1]." Patrick Rodgers at Legal Zoom. September, 2008. Retrieved on August 31, 2011.
16. ^ "Calif. gay inmates get conjugal visits." Associated Press at MSNBC. Saturday June 2, 2007. Retrieved on December 30, 2009.
17. ^ "Conjugal visits allowed for inmates and partners in same-sex marriages, civil unions". Daily News (New York). http://www.nydailynews.com/ny_local/2011/04/23/2011-04-23_paint_the_clinks_pink_conjugal_visits_allowed_for_gay_inmates_and_partners.html.