In What Cases Might an Inmate Be Allowed a Conjugal Visit?


Quick Answer

As of 2015, only six states, including New York, California, Connecticut, Mississippi and New Mexico, allow conjugal visits or extended family visitations to inmates who have exhibited good behavior during their time in prison, states CriminalDefense Lawyer. The inmate must have a clean prison record devoid of any acts of violence and be in a low- or medium-security prison. Child abuse and domestic violence offenders typically cannot have conjugal visits.

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Full Answer

In some states, the inmate must not have human immunodeficiency virus or other sexually transmitted disease to receive a conjugal visit, notes CriminalDefense Lawyer. Visitors must also meet certain requirements, including passing a background check, wearing appropriate clothing, and submitting to a physical search for weapons and illegal contraband. Visitors may not bring drugs, alcohol or electronic devices on their visit.

The amount of time allowed for conjugal or extended family visits varies by state. For example, Mississippi allows only one-hour visits, while Washington allows up to 48 hours, informs CriminalDefense Lawyer. Despite lawsuits filed in state and federal courts contending that a denial of conjugal or extended family visits violates an inmate's constitutional rights, the U.S. Supreme Court and other federal courts rejected these claims and determined that inmates do not have a constitutional right to visits.

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