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California Prison Visitation - General Q&A This forum is for general, nonspecific questions & discussions related to visitation in California facilities. If you have a question about or want to discuss visitation in a specific facility, please visit that facility's subforum in the California forum.

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Old 05-18-2017, 09:46 PM
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Default Loss of privileges and visitation denial question

Hello,

I really have no where to go for my questions and recently lost contact with my boyfriend two days ago. I know that is nothing for some, but we rekindled our friendship and fell in love after no contact in over 20 years. He found me on Facebook and we have been communicating daily and suddenly nothing. Without going into too much detail, I'm highly anxious from not being able to hear from him to see if he is OK. I called the facility today to ask for his visitation status to get some kind of idea of how much trouble he could be in. I was put on hold and then said that I was not on the approved visitors list and she couldn't tell me anything. I have been denied again and do not have any felonies to be denied again. The first one was due to him asking his daughter to fax me a copy of the form with his signature on it. I have never been involved with anyone in the system and I find that was a mistake on my end and honestly not intentional. My question is why would I be denied visiting again and did he lose lose of privileges for having a phone? Any advice or comments without blame would help ease my mind. I just need some much needed support from others who know how I am feeling.
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Old 05-18-2017, 09:55 PM
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I've moved your post to our California Visitation forum as this is a pretty general question and not specific to his facility.

First the short answer-- yes, having a cell phone is not only a reason for LOP, it can bring additional felony charges. Depending on the facility and his record, it can be a game changer.

As for the reason you're being denied-- I'm not sure how faxing a visiting form is considered as a reason to deny, but I can see why they might reject a copy. They want the original, signed form to be filled out by you and returned. But it sounds like maybe the signature wasn't his?

As I understand it, you applied and were denied a second time. There should be a reason for denial coming to you in the mail. Once you have that, you can chose to pursue an appeal of the decision. Just FYI-- felonies are not the only reason for denial. See page 101 of Title 15 regarding denial of visitation.

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Old 05-18-2017, 10:48 PM
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Thank you for your thorough response, I am truly looking at the page you mentioned, it might be denied due to not waiting the 6 months to reapply because of the first denied reason? Unintentionally sending in a "falsified" form is the reason for first denial. I guess I will appeal if that is the case. This is just ridiculous and feel like this effort to visit is like I'm the one who committed a crime
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Old 05-19-2017, 04:17 AM
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I want to tone down one thing here...I'm not 100% sure which facility your LO is at but since you started at a prison-specific page apparently (I can't tell which one) and are in California's CDCR general forum let me reassure you a little bit about something...a cell phone is NOT a felony charge.

If he is caught with a cell phone, he'll face 30 days potential loss of time (which, to my understanding, he can earn back.)

Usually inmates caught with cell phones do not get a new outside charge because it's only a misdemeanor, only punishable by 6 months max, and the time runs concurrent anyway....it's a waste of the DA's and the court's resources when the inmate already faces potentially a more severe punishment in-prison from the offense as far as potential loss of privileges.

Cell phones are a serious security threat, and while CDCR and the State of California do not punish cell phone use on the same scale as the Feds do or as other states do, an inmate does themselves no favors by getting caught with one, and if they haven't wiped their history and your name or number comes up and gets linked to you personally, it gets the institution looking at you sideways too.

To visitation..you may need to wait 6 months to re-apply unfortunately :\ As Mia mentioned, you can see about explaining the situation and appealing your denial, but whether that is approved or not is totally at the whim of the Warden, and if the Warden denies it, the process of going up the ladder so to speak will take so long that waiting out the 6 month period would be just as quick.
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Old 05-19-2017, 06:56 AM
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The visitors application needs to be signed by your inmate, and signed then mailed to you. (of course things may have changed but that is how I understood it to be back way back when)
Have him send you a few forms, and after the time has passed then reapply.
(tell him not to date the forms)

As to the other, yes he could have been in trouble for having a cell phone.
Since that may be the case.....I'd just write him. You can send him postage stamps and paper (pens vary from facility to facility if they allow it)
Include his cdcr number on the book of stamps as well. (I used to just write in the margins or someplace on the stamps (not the front!)
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Old 05-19-2017, 09:13 AM
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Quote:
Originally Posted by missingdee View Post
I want to tone down one thing here...I'm not 100% sure which facility your LO is at but since you started at a prison-specific page apparently (I can't tell which one) and are in California's CDCR general forum let me reassure you a little bit about something...a cell phone is NOT a felony charge.

If he is caught with a cell phone, he'll face 30 days potential loss of time (which, to my understanding, he can earn back.)
My mistake. MissingDee is correct...it's not a felony, but up to 90 days loss of good time. You can read about CDCR's cell phone policies here. The only thing I would add that while it's subjective at the facility level, it is not at the level of Parole Board. If you have a cell phone charge on your record, it can (and usually will) cost you an approval. Not worth it.
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Old 05-19-2017, 09:19 AM
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Thank you everyone for your help. It truly helps me to have somewhere to turn to with my questions. I feel a huge sense of relief in knowing that I am not alone. This is all new to me and I am surely learning.
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Old 05-19-2017, 04:08 PM
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Quote:
Originally Posted by miamac View Post
My mistake. MissingDee is correct...it's not a felony, but up to 90 days loss of good time. You can read about CDCR's cell phone policies here. The only thing I would add that while it's subjective at the facility level, it is not at the level of Parole Board. If you have a cell phone charge on your record, it can (and usually will) cost you an approval. Not worth it.
It's actually more complicated.

If he's caught with an actual phone, apparently it is still 90 days.

But some things that were previously also 90 day loss, including sim cards, batteries, charging cables, etc. only result in a 30 day loss.

http://www.cdcr.ca.gov/Regulations/A...CR%2016-04.pdf

Some inmates share a phone but swap sim cards in and out (plus if a phone is in transit and the sim card isn't in it then it's harder to identify who it actually belongs to.) So even if the phone is elsewhere, if he has his own SIM card that he puts in the phone when it gets to him, he could lose 30 days.

I had thought they reduced all cell phone possession to 30 days, but I guess my recall was fuzzy here.
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Old 05-21-2017, 12:25 AM
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Good evening,

I received the denial letter and oddly it keeps stating the same reason. I wanted to show you the copies and see if I'm missing anything??? I did everything the letter had asked and he sent out originals with his signature and still denying me for the same exact reason as the first?

What do you make out of this?FireShot Capture 2 - - file____C__Users_Nina%20Wagner_OneDrive_University%20of%20Phoenix_Assign.jpg

FireShot Capture 1 - - file____C__Users_Nina%20Wagner_OneDrive_University%20of%20Phoenix_Assign.jpg


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Old 05-21-2017, 01:23 AM
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It sounds like they are basing it on the first application and requiring you wait the 6 months stated in Title 15 to re-apply.

You can try to contact the visiting Sgt. and explaining the situation. They don't tend to be on the warm and fuzzy side, but provided you're being honest and only trying to learn if it's the first application they are still denying, I don't see the harm.

They may offer you an appeal option, as well. Though, without the second application in hand, it would be hard to prove you submitted an original.
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Old 05-21-2017, 08:09 AM
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I would go thru and read the section in title 15 (and all the other sections pertaining to visiting)
And then appeal if you think (after reading the pertinent sections) it will apply to your situation.
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Old 05-21-2017, 08:27 AM
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Quote:
Originally Posted by DayandNight View Post
Good evening,

I received the denial letter and oddly it keeps stating the same reason. I wanted to show you the copies and see if I'm missing anything??? I did everything the letter had asked and he sent out originals with his signature and still denying me for the same exact reason as the first?

What do you make out of this?Attachment 74323

Attachment 74324


Hi, forgive me, as I'm having difficulty reading the upload.

It sounds like you were disapproved because your loved one didn't mail you an original visiting questionnaire with HIS signature on it. He can obtain a visiting questionnaire from his counselor or somewhere in the day room. He's to sign the back of it and mail it to you. You complete your section, sign it and return it.

The visiting questionnaire requires two physical signatures (His & Yours)...

NO faxed and or photocopies are acceptable. That was the reason for denial!

Hope you get approved
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Old 05-21-2017, 01:26 PM
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How did the visitors questionnaire look like when everyone received their copy to fill out? Did it look like a crisp and clean brand new form where you know that it was not photo copied numerous times to begin with? I ask because he was given the form from the facility in an already photo copy condition as adequate to use. I just question what is the deal in them stating that it was a photo copy of the form when they hand those out to begin with. I am going to call the facility to discuss my concerns and have already written the warden for an appeal. Ugggg this is frustrating it's like I'm begging to go to prison lol!! Thanks again guys you are the best
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Old 05-21-2017, 02:27 PM
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I would contact the visiting seargent or lieutenant and ask if there's a 6 month period you have to wait to re-apply or if they just need an original signature. If the second application did contain both yours and his original signatures, I would mention that.

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Old 05-22-2017, 04:49 PM
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Quote:
Originally Posted by DayandNight View Post
How did the visitors questionnaire look like when everyone received their copy to fill out? Did it look like a crisp and clean brand new form where you know that it was not photo copied numerous times to begin with? I ask because he was given the form from the facility in an already photo copy condition as adequate to use. I just question what is the deal in them stating that it was a photo copy of the form when they hand those out to begin with. I am going to call the facility to discuss my concerns and have already written the warden for an appeal. Ugggg this is frustrating it's like I'm begging to go to prison lol!! Thanks again guys you are the best
The easiest thing to do is just reapply! You don't need to go through an appeal and all that. There is no wait period. Just get a new form signed by him, fill it out, sign it yourself and then mail it in with a copy of the first denial letter. if he can't get a good clean copy, print off one - or a few- for him, send it to him to sign and have him send it back! (Be sure to send it in blank! or you will just have the same problem....)

That would be way quicker than any other process- IMHO
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Old 05-22-2017, 05:13 PM
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The easiest thing to do is just reapply! You don't need to go through an appeal and all that. There is no wait period. Just get a new form signed by him, fill it out, sign it yourself and then mail it in with a copy of the first denial letter. if he can't get a good clean copy, print off one - or a few- for him, send it to him to sign and have him send it back! (Be sure to send it in blank! or you will just have the same problem....)

That would be way quicker than any other process- IMHO
OP-- your denial does say that you can reapply with an original form/signature. So it may be worth a shot. But be aware that printing out a form and mailing it to him might not work. Typically visiting forms that come into the facility are pulled by mailroom staff and sent to the visiting office. We'd like to think they'd forward a blank one on to the inmate, but honestly-- I wouldn't hold my breath. He would never see it and therefore never be able to sign it.

As for how the form looked-- yes, most of them look like copies of copies of copies. The thing they are looking at is his signature.
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Old 05-24-2017, 12:36 PM
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I wouldn't even use that visiting form that someone attached to this thread. That's an old one. The new ones look way different....
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