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Can prisoners on death row have visitors?


Prisoners who have been sentenced to death and are awaiting execution are generally allowed to have visitors, but the rules regarding death row visits vary by jurisdiction. Many factors influence visitation policies for condemned inmates, including security concerns, victims’ rights, and humanitarian considerations. This article will provide an overview of death row visitation rules and procedures in different states and explore the debate around whether visitation should be permitted.

Overview of death row visitation policies

In the United States, prisoners sentenced to capital punishment are usually housed separately from the general prison population on what is known as “death row.” As of October 2022, there were 2,504 death row inmates across the U.S.[1] Each jurisdiction has its own policies regarding visitation for these condemned prisoners awaiting execution. Here is a brief summary:

Federal Bureau of Prisons

The Federal Bureau of Prisons oversees federal death row inmates. These prisoners are housed at the U.S. Penitentiary in Terre Haute, Indiana. Federal death row inmates may receive visits on weekends and holidays from approved visitors, including friends and family.[2]

California

California, which has the largest death row population in the U.S., allows condemned inmates to have contact visits with approved visitors. Visits are limited to 90 minutes and must be scheduled in advance.[3]

Texas

Texas death row inmates are housed at the Polunsky Unit in Livingston, Texas. They may receive non-contact visits from approved visitors twice per week. These visits last for 2 hours and occur through glass partitions.[4]

Florida

Florida has the nation’s second largest death row population. These condemned inmates are held at Florida State Prison near Starke, Florida. They may receive visits twice per week from approved visitors, with no physical contact permitted.[5]

Other states

Most other states with capital punishment allow death row inmates to have visitors, though the frequency and nature of visits (contact vs. non-contact) varies. Some states place greater restrictions around visitation as an execution date nears.

Types of visitors allowed

While policies differ among jurisdictions, death row inmates are generally permitted to be visited by:

  • Immediate family members (though some states exclude minor children)
  • Extended family like grandparents, cousins, etc.
  • Close friends
  • Spiritual advisors like priests, rabbis, or imams
  • Attorneys
  • Members of the media (with approval)

Visitors are typically required to submit an application and be approved before being added to the inmate’s visitation list. Background checks may be conducted, especially for non-relatives. Most states prohibit visitation by ex-felons or former cellmates. Rules are strict in order to maintain security.

Debate around death row visitation

While most jurisdictions allow visitation for condemned inmates, some argue it should be prohibited or further restricted. Here are some of the points raised on different sides of this debate:

Arguments in favor of visitation

  • Upholds basic human rights – cutting off all contact is inhumane
  • May provide closure – some victims’ family members want to confront the killer
  • Valuable to inmates’ mental health
  • Helps inmates’ attorneys prepare appeals
  • Maintains family bonds, especially with children
  • Can help with rehabilitation and reform
  • Religious visits seen as obligation by many faiths

Arguments against visitation

  • Security risk – visitors could smuggle contraband
  • Dangerous – visitors could threaten or attack inmates
  • Traumatic for victims’ families
  • Gives condemned criminals more rights than their victims
  • Serves no rehabilitative purpose if inmate will be executed
  • Burdens prison staff resources for extra security

There are good-faith reasons on both sides of this issue. Prison administrators have to strike a delicate balance between safety, victims’ rights, and inmates’ basic welfare.

Death row visitation procedures and restrictions

To allow visitation while maintaining security, death row facilities have strict protocols in place. Visitors face a screening process and numerous rules and limitations:

Visitor approval

As mentioned earlier, visitors must complete an application and be pre-approved before scheduling visits. This provides time to run background checks and create an approved list for each inmate. Prison staff screen for security risks.

Identification and search

Valid ID is required, and visitors must pass through a metal detector and security checkpoint when entering. Brief pat-downs are common to prevent contraband.

Supervised visits

Death row visits are closely monitored by guards. Some states use glass partitions between inmates and visitors rather than contact. Guards observe interactions to ensure rules are followed.

Dress code and items allowed

Revealing clothing and gang colors are prohibited. Visitors cannot bring purses, cell phones, or other items into visitation areas. Photos and exchange of documents may be limited.

Visitor behavior rules

Disruptive behavior results in terminated visits. Inappropriate physical contact between inmates and visitors is not tolerated. Visitors under the influence will be turned away.

Limits on gifts

Gift exchanges are restricted on death row. In most states, visitors can’t give inmates money, food, or personal items. Rules limit types of permitted items.

Conclusion

Allowing visitation for death row inmates is controversial, but most U.S. prison systems permit it within limits. Security concerns mean visits are supervised and restricted compared to general population inmates. Policies balance security, victims’ rights, and humanitarian interests that support allowing condemned prisoners to have visitors before execution.

State Death row population Visitation rules
California 683 (largest) Contact visits up to 90 min; scheduled in advance
Florida 292 Non-contact visits twice weekly
Texas 194 Non-contact visits twice weekly, 2 hours each
Alabama 166 Non-contact or glass partition visits
Ohio 133 Non-contact visits at least once per week

References

  1. Death Penalty Information Center, “Death Row U.S.A.”
  2. Federal Bureau of Prisons, “Visiting Regulations.”
  3. California Department of Corrections and Rehabilitation, “How to Visit With Death Row Inmates.”
  4. Texas Department of Criminal Justice, “Polunsky Unit (Death Row) Visitation Hours.”
  5. Florida Department of Corrections, “Death Row Visiting.”