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South Carolina Prison & Jail Visitation, Phones, Packages & Mail Topics / Information relating to the South Carolina Department of Corrections and local / county Jail visitation, phone calls, mail, inmate care packages, etc.

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  #1  
Old 07-02-2015, 11:00 AM
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Red face Denied because I didn't know him prior to incarceration? / UPDATED

Has anyone successfully appealed a visitation denial? If so what did you do?

I've been denied because I didn't know him prior to incarceration. It seems so unfair to me...at least we were honest. Any help would be greatly appreciated.
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Old 07-07-2015, 11:37 AM
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I am so sorry that happened! I hate this rule, and my heart really goes out to people who have been hurt by it. I wish that I knew some way around it.

I would suggest that he start by filing a grievance. If this is something that he wishes to fight, the courts have a requirement that all in-house administrative options are first tried. Even if he does not anticipate taking the issue to court, he is best off filing the grievance now to keep options open.

I tried to find the visitation policy for SC, assuming this is where he is incarcerated. Oddly they do not offer the requirement of knowing one another before incarceration as basis for denial. Their reasons include:

Quote:
3. Why would I be denied visiting privileges?
You may be denied visiting privileges for any of the following reasons:
  • Providing false information on the "Request for Visiting Privileges."
  • If you are a former inmate, you may be denied visiting if the Department considers you to be a threat to the safe and secure operation of the institution. Former inmates may be approved to visit only if they are a member of the inmate's immediate family** except for in-laws. In any case, former inmates will not be allowed visiting privileges until at least one year after they are released from the South Carolina Department of Corrections or any other correctional facility and the respective Warden approves their request.
  • If you are a former South Carolina Department of Corrections employee, contract employee, or volunteer who worked within a South Carolina Department of Corrections facility, you may be denied visiting privileges if during such employment, you violated any South Carolina Department of Corrections policy/procedure pertaining to employee/inmate relations to include sexual intercourse, sexual relations, dating, marrying, or otherwise establishing a personal relationship with an inmate and/or any person under the jurisdiction of the South Carolina Department of Corrections. In any case, former employees, contract employees, or volunteers who have terminated their employment with the Department within the last year prior to the date of the "Request for Visiting Privileges," will not be approved to visit. After one year, only members of an inmate's immediate family** (provided the former employee or contract employee did not become a member of the inmate's immediate family as a result of meeting and/or marrying him/her while incarcerated) will be considered.
  • Anyone may be disapproved if they pose a threat to the safe and secure operation of the institution.
  • Persons With Prior Convictions or Pending Criminal Charges may be permitted to visit; however, the following conditions must be met: Must be a member of the inmate's immediate family**. Must not be nor previously have been a co-defendant with the inmate on any criminal charges. Must provide information listing all past convictions or outstanding charges which are still active including the jurisdiction (city/county/state) where the warrants were signed or the indictments issued. Must answer accurately and truthfully all questions on SCDC Form 19-127, "Request for Visiting Privileges."
**Immediate Family refers to an inmate's mother, father, children (to include adopted), sister, brother, grandmothers, grandfathers, great-grandmothers, great-grandfathers, step grandparents, wife, husband, common-law spouse, grandchildren, great-grandchildren, stepbrothers, stepsisters, stepparents, foster parents, stepchildren, step grandchildren, half-brothers, half-sisters. Any family member maybe required to verify relationship with certified documentation.
They do not discuss the appeal process for denials. In most states it seems that you start by appealing it to the warden. I would suggest a two prong approach; he pursues a grievance while you request an appeal. In their preamble to visiting guidelines, they make note of the importance of visitation:

Quote:
The South Carolina Department of Corrections is committed to encouraging relationships between inmates, their family members, and their friends. We strongly feel that visitation is an important part of each inmate's rehabilitation. At the same time, the Department must provide for the safety and security of each facility, staff, and inmates, and most importantly, the safety of other visitors, the public, and you.
I would suggest discussing your role within his rehabilitation--encourage him to follow rules, contribute positively, be productive, stay out of trouble and how you are committed to one another. If you have any relationship with his family, this may be a good thing to note. You may start the letter by discussing who you are--never been in trouble (or been in trouble X years ago and turned it around, learning from the mistake), employed consistently for X years, longstanding member of the community, etc., etc. I think you want to 'sell' what a positive person you are and how you contribute to his making the right decisions. If he does not have anyone, I would discuss that...and point out that by having you it also gives him greater incentive to 'be good' since pulling visitation when nobody comes is hardly a consequence--but if you were allowed to visit, he has incentive. If he was always in trouble before you 'met', and he has stayed out of trouble since, sell that!

If he has a long sentence to go, you being an inducement to behave helps. If he is in countdown, you might discuss how you help him to be a tie to the community and your role once he returns home. Basically, look at everything from multiple angles and help them see how this is in their--& his--best interest!

I'm sorry I can't be of any real help. I wish you the very best--and success with the appeal!
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Old 07-14-2015, 09:13 AM
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Originally Posted by Mometc View Post
Has anyone successfully appealed a visitation denial? If so what did you do?

I've been denied because I didn't know him prior to incarceration. It seems so unfair to me...at least we were honest. Any help would be greatly appreciated.

They began denying applications for those who did not know offenders prior to their incarceration a few years ago for what I have been told, security reasons. He can appeal on your behalf to the warden and director to have the decision re-evaluated.
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Old 07-14-2015, 09:54 AM
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The Feds implemented this year's ago in an attempt to reduce the number of inmate con artists scamming people for money. It's not just for security as in a danger in the prison; its security to keep inspecting people from losing their money.

I think most of us here on PTO are normal, caring people, but like it or not there ARE some inmates that promise true love and happiness for ever when in fact all they really want is money. It's hard to understand, but once married, in some states, inmates can file for divorce and ask for alimony. If the spouse dies the inmate stands to inherit.

Again, I know better than most it's not all inmates, but as usual in the world of prisons a handful of inmates made it very hard on everybody.
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Old 10-31-2016, 12:47 PM
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Proxy marriage!!! That's what it took. We tried EVERY other avenue to appeal EVEN hired an attorney!!! I finally have my visits!! I'm so happy.
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Old 11-01-2016, 02:29 AM
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Proxy marriage!!! That's what it took. We tried EVERY other avenue to appeal EVEN hired an attorney!!! I finally have my visits!! I'm so happy.
Well....congratulations You gotta do what you gotta do, eh? I am glad you found a solution and are happy with your decision. Enjoy your visits
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Old 11-03-2016, 03:21 AM
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@InsomniaCT presented an intelligent and insightful list of logical arguments that would convince anyone rational.

What are the odds of it working on a warden in the NC system? Does that one in particular respond to reason?
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Old 11-03-2016, 06:12 AM
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@InsomniaCT presented an intelligent and insightful list of logical arguments that would convince anyone rational.

What are the odds of it working on a warden in the NC system? Does that one in particular respond to reason?
Its going to depend on the Warden at the particular facility. One may allow visits, while another may not. At least that's been my experience here in KY (yeah, I have to write the Warden every time, at every facility )

Mometc...I'm so happy that ya'll finally got visits!!
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