:Conjugal visit

{{Short description|Prison visit for the spouse of an inmate}}

{{Use dmy dates|date=May 2022}}

A conjugal visit is a scheduled period in which an inmate of a prison or jail is permitted to spend several hours or days in private with a visitor. The visitor is usually their legal partner. The generally recognized basis for permitting such visits in modern times is to preserve family bonds and increase the chances of success for a prisoner's eventual return to ordinary life after release from prison. They also provide an incentive for inmates to comply with the various day-to-day rules and regulations of the prison.

Conjugal visits usually take place in designated rooms or a structure provided for that purpose, such as a trailer or a small cabin. Supplies such as soap, condoms, lubricant, bed linens, and towels may be provided.{{Citation needed|date=February 2025}}

Country

=Australia=

In Australia, conjugal visits are permitted in the Australian Capital Territory and Victoria.{{cite news|url=http://www.abc.net.au/news/2009-06-08/conjugal-visits-support-inmates-relationships/1707438|archive-url=https://web.archive.org/web/20140618133250/http://www.abc.net.au/news/2009-06-08/conjugal-visits-support-inmates-relationships/1707438|archive-date=18 June 2014|date=8 June 2009|title=Conjugal visits support inmates' relationships: Hargreaves}}{{cite web |url=http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10577199 |title=ACT prisons allow conjugal visits |date=8 June 2009 |work=The New Zealand Herald |access-date=25 September 2011}}{{cite news|url=http://news.smh.com.au/breaking-news-national/act-to-allow-prison-conjugal-visits-20090608-c0gu.html|archive-url=https://web.archive.org/web/20091004145208/http://news.smh.com.au/breaking-news-national/act-to-allow-prison-conjugal-visits-20090608-c0gu.html|archive-date=4 October 2009|newspaper=The Sydney Morning Herald|title=ACT to allow prison conjugal visits|date=8 June 2009}} Other jurisdictions, including Western Australia{{citation|url=http://www.correctiveservices.wa.gov.au/prisons/visiting-prisons/visit-faq.aspx#Are-conjugal-visits-allowed|date=18 October 2013|title=Visiting – Frequently asked questions (FAQs)|publisher=Government of Western Australia Department of Corrective Services|archive-url=https://web.archive.org/web/20140315195548/https://www.correctiveservices.wa.gov.au/prisons/visiting-prisons/visit-faq.aspx|archive-date=15 March 2014}} and Queensland,{{cite news|newspaper=The Courier-Mail|title=Children conceived in Queensland jails |first=David|last=Murray|date=15 January 2012|publisher=News Ltd}} do not permit conjugal visits.

=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.{{cite news|url=http://news.bbc.co.uk/2/hi/uk_news/812165.stm|title=Sex on sentence|work=BBC News}}{{Citation needed|date=November 2018|reason=Current citation 18 years old, and possibly outdated.}}

=Canada=

In Canada, all inmates in federal correctional facilities, 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 for by the inmates and visitors, who are also responsible for cleaning the unit after the visit. Prison staff have regular contact with the inmate and visitors during a visit.{{cite web|title=Private Family Visiting|url=http://www.csc-scc.gc.ca/text/pblct/visit/index-eng.shtml|publisher=Correctional Service of Canada|access-date=29 December 2008|archive-url=https://web.archive.org/web/20081201003207/http://www.csc-scc.gc.ca/text/pblct/visit/index-eng.shtml|archive-date=1 December 2008|url-status=dead}}

=Czech Republic=

In the Czech Republic, a prison warden has the authority to allow an inmate "a visit without visual and auditory supervision of the employees of the Prison Service".{{cite web|url=https://www.zakonyprolidi.cz/cs/1999-169#cast1-hlava2|title=Zákon č. 169/1999 Sb., Zákon o výkonu trestu odnětí svobody a o změně některých souvisejících zákonů|language=cs}} Inmate's medical check and mental health check is required before such visit is permitted.{{cite web|url=https://www.vscr.cz/o-nas/vykon-vezenstvi/pravidla-prijimani-navstev/

|title=Pravidla přijímání návštěv|language=cs}}

=Denmark=

In Denmark, conjugal visits are permissible. Enner Mark Prison has apartments for couples, where inmates who have been sentenced to more than eight years in prison can have visitation for 47 hours per visit.{{citation needed|date=January 2021}}

= Estonia =

Conjugal visits of up to 72 hours with (including de facto) spouses or registered partners or relatives are permitted at least once every half year. This is permitted assuming no safety issues with the inmate or lack of confidence in the reputability of the visitor. The visits last 24 hours by default, but may be extended to 72 hours rewarding inmates' good behaviour. Visits take place in designated rooms on prison grounds without supervision.Vangistusseadus, RT I 21.06.2024, 31.Vangla sisekorraeeskiri, RT I, 18.06.2024, 4.

=France=

In France, inmates are permitted conjugal visits. Visits last up to 72 hours and take place in mini-apartments consisting of two small rooms, a kitchen and a dining area.{{Citation needed|date=March 2019|reason=Current citation 18 years old, and possibly outdated.}}

=Germany=

Germany allows prisoners and their spouses or partners to apply for conjugal visits. Those who are approved are allowed unsupervised visits so that prisoners can preserve intimate bonds with their partners. Prisoners are to be searched before being allowed a visit. In 2010, an inmate murdered his girlfriend and attempted suicide during a visit, leading to additional criticism of the lax security in German prisons.{{cite news|url=http://www.spiegel.de/international/germany/outrage-over-lax-security-prisoner-murders-girlfriend-during-conjugal-visit-a-688736.html|title=Outrage over Lax Security: Prisoner Murders Girlfriend During Conjugal Visit|work=Der Spiegel|date=13 April 2010 }}

=Hong Kong=

Hong Kong does not permit conjugal visits.{{cite web|url= https://www.elegislation.gov.hk/hk/cap234A|title=HK Prison Rules (See 48.)}}

=India=

In 2015, the Punjab and Haryana High Court held that the right of married convicts and jail inmates to have conjugal visits or artificial insemination for pregnancy was a fundamental right.{{cite news|url=http://timesofindia.indiatimes.com/india/High-Court-allows-jail-inmates-to-have-sex-with-their-partners/articleshow/45785525.cms|title=High Court allows jail inmates to have sex with their partners|work=The Times of India}}{{cite news |title=Conjugal visits for jail inmates not practical, say authorities |url=https://www.thehindu.com/news/cities/Delhi/conjugal-visits-for-jail-inmates-not-practical-say-authorities/article30070055.ece |access-date=25 November 2019 |work=The Hindu |date=24 November 2019 |language=en-IN}} In January 2018, Madras High court allowed a two week conjugal visit to an inmate serving life term in Tamil Nadu prison for the "purpose of procreation".{{Cite web |date=2018-01-25 |title=What is the status of conjugal rights for prisoners in India? |url=https://indianexpress.com/article/what-is/what-is-the-state-of-conjugal-rights-for-indian-inmates-5038969/ |access-date=2024-05-29 |website=The Indian Express |language=en}}

In October 2022, Punjab became the first state in India to allow conjugal visits to prisoners. According to a senior official, this decision was taken to keep the stress levels of inmates under control and ensure their re-entry into society, and this also fulfills a basic biological need. Under this scheme, prisoners who exhibited good conduct would be allowed to spend two hours in private with their spouses after every two months. Some categories of prisoners are kept out of this program, which includes high–risk prisoners, terrorists, gangsters and those imprisoned for domestic violence, child abuse and sexual crimes. Moreover, both spouses must be free from infectious diseases like HIV, STDs and Tuberculosis, to avail this program.{{Cite news |last=Pandey |first=Geeta |date=2022-10-20 |title=Punjab: Hundreds enjoy new conjugal visit rooms in India jails |url=https://www.bbc.com/news/world-asia-india-63327632 |access-date=2024-05-29 |language=en-GB}}{{Cite news |last=Verma |first=Sanjeev |date=2022-09-20 |title=Punjab to allow prison conjugal visits from today |url=https://timesofindia.indiatimes.com/city/chandigarh/punjab-to-allow-prison-conjugal-visits-from-today/articleshow/94315629.cms |access-date=2024-05-29 |work=The Times of India |issn=0971-8257}}

=Ireland=

Ireland does not allow conjugal visits. Marie and Noel Murray, an anarchist married couple imprisoned for a 1976 murder, lost a 1991 appeal for conjugal rights.

{{cite web |url=http://www.rte.ie/tv/gardaarlar/prog2.html |title=Programme 2: Garda Michael Reynolds |work=Garda ar Lár |publisher=Raidió Teilifís Éireann |access-date=17 November 2009}}

The Supreme Court ruled that the Constitutional right to beget children within marriage was suspended while a spouse was lawfully imprisoned.

{{cite news |url=http://www.irishtimes.com/newspaper/archive/1991/0527/Pg021.html#Ar02100 |title=Constitutional right to beget children within marriage is suspended while one spouse is lawfully imprisoned |date=27 May 1991 |newspaper=The Irish Times |page=21 |access-date=18 November 2009|url-access=subscription }}

=Israel=

The Israel Prison Service (IPS) allows standard conjugal visits to inmates who are married or are in a common-law relationship or if their partner has been visiting them frequently for at least two years, and have a record of good behavior. Inmates who receive prison furloughs are not eligible for conjugal visits. Conjugal visits can be withheld on security grounds or as a means of punishment for misbehavior. IPS guidelines were clarified in July 2013 to allow conjugal visits of same-sex partners.

Israel extends this right to all citizens of the state, regardless of religion, while Palestinian citizens from West Bank and Gaza imprisoned in Israeli jails are denied conjugal visits.{{cite web|url=https://www.addameer.org/advocacy/briefings_papers/israeli-high-court-upholds-prohibition-family-visits-gazans-held-israeli|title=ISRAELI HIGH COURT UPHOLDS PROHIBITION ON FAMILY VISITS FOR GAZANS HELD IN ISRAELI PRISONS: ADDAMEER CONTENDS PRACTICE VIOLATES INTERNATIONAL HUMANITARIAN AND HUMAN RIGHTS LAW|date=9 March 2023 }}{{cite web|url=http://forward.com/articles/179785/gay-israeli-prisoners-win-right-to-conjugal-visits/|title=Gay Israeli Prisoners Win Right to Conjugal Visits|date=3 July 2013 }}{{cite news|url=http://www.ynetnews.com/articles/0,7340,L-4291171,00.html|title=Conjugal visits for gay prisoners? Not in Israel|work=Ynet|date=11 October 2012 |last1=Ben-Zur |first1=Raanan }}

=Japan=

In Japan, conjugal visits are not allowed.{{cite news|url=https://www.japantimes.co.jp/news/2007/06/26/reference/prison-reforms-seen-as-too-little-and-way-too-late/|archive-url=https://web.archive.org/web/20200605052434/https://www.japantimes.co.jp/news/2007/06/26/reference/prison-reforms-seen-as-too-little-and-way-too-late/#.XqM_-sZv-yU|archive-date=5 June 2020|date=26 June 2007|title=Prison reforms seen as too little, and way too late|work=The Japan Times|access-date=24 April 2020|url-status=bot: unknown}}

=Mexico=

Conjugal visits are a universal practice in Mexico, independent of a prisoner's marital status; in some correctional facilities entire families are allowed to live in prisons with their imprisoned relative for extended periods.{{cite book|editor1=Nigel South|editor2=Robert P. Weiss|first=J. Michael|last=Olivero|chapter=The crisis in Mexican prisons: The impact of the United States|isbn=9781134388943|page=104|title=Comparing Prison Systems|publisher=Taylor and Francis|year=1998}} 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.{{cite news| url=http://news.bbc.co.uk/2/hi/americas/6922140.stm | work=BBC News | title=Mexico allows gay conjugal visits | date=30 July 2007 | access-date=30 April 2010}}

=Netherlands=

The Netherlands allows for one unsupervised visit (Bezoek zonder Toezicht) per month, provided the imprisonment period is at least six months and there is a close and durable relation between the partners. This does not apply to maximum security penitentiaries.{{cite web|url=https://www.commissievantoezicht.nl/dossiers/contact_buitenwereld/contact_buitenwereld_gedetineerden/bezoek|title=Bezoek gedetineerden}}

=New Zealand=

New Zealand does not permit conjugal visits.{{cite web|url=http://www.corrections.govt.nz/working_with_offenders/prison_sentences/staying_connected_with_friends_and_family/visits.html|title=Corrections Department NZ - Visits|date=6 May 2022 }}

=Pakistan=

In Pakistan, conjugal visits prior to 2009 were permitted only under special circumstances.{{cite book|last1=Blood|first1=Peter R.|title=Pakistan: A country Study|publisher=Federal Research Division, Library of Congress|page=311|url=https://books.google.com/books?id=DRMTO7mn7hIC&q=conjugal+visit+law+pakistan&pg=PA311|access-date=7 November 2017|isbn=9780788136313|date=December 1996}} In August 2009, Federal Shariat Court ruled that married prisoners should be allowed conjugal visits at the designated facilities within the jail complex and alternatively, they should be granted a short parole to visit their spouses.{{cite news|title=Prisoner Rights: FSC rules Conjugal Visits a right of married prisoners|url=https://www.dawn.com/news/1002603|access-date=7 November 2017|work=Dawn|date=30 August 2009}} Following the ruling, the Province of Sindh was the first to adopt legislation providing conjugal visits for married prisoners within Jail premises.{{cite news|last1=Masroor|first1=Aroosa|title=Prisoners granted conjugal rights|url=https://tribune.com.pk/story/11618/prisoners-granted-conjugal-rights/|access-date=7 November 2017|work=The Express Tribune|date=8 May 2010}} Human Rights Book 2010 reports that Conjugal visits are now available for Prisoners in all Provinces and Federal territories if they are male and married.{{cite book|last1=Parekh|first1=Pravin H.|title=Human Rights Book 2010|date=2010|publisher=Universal Law Publishing Co|location=India|page=138|url=https://books.google.com/books?id=LrV1HKw8gcYC&q=conjugal+visit+law+pakistan&pg=PA138|access-date=7 November 2017|isbn=9789350350140}} Since homosexuality is considered a criminal offense in Pakistan and same-sex marriage is not recognized by law, this privilege applies only to heterosexual couples.

=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.{{cite news| url=http://www.timesonline.co.uk/tol/life_and_style/article670530.ece?token=null&offset=0 | work=The Times | location=London | title=After the Gulag conjugal visits computers and a hint of violence | first=Giles | last=Whittell | date=2 June 2006 | access-date=30 April 2010}}{{dead link|date=September 2024|bot=medic}}{{cbignore|bot=medic}}

=Spain=

In Spain, prisoners are allowed conjugal visits every four to eight weeks. They are held in private rooms and can last up to three hours. Couples are provided with condoms, shower facilities, and clean towels.

= Turkey =

Since April 2013, the Turkish General Directorate of Prisons and Detention offers conjugal visits as a reward to well-behaved prisoners.{{Cite web|url=http://www.hurriyetdailynews.com/example-conjugal-visit-rooms-introduced-in-eastern-province.aspx?pageID=238&nID=44059&NewsCatID=339|title=RIGHTS - Example 'conjugal visit' rooms introduced in eastern province|date=April 2013 |access-date=22 May 2016}}

=United Kingdom=

The English, Welsh, Scottish and Northern Irish prison systems do not allow conjugal visits. However, home visits, with a greater emphasis on building other links with the outside world to which the prisoner will be returned, are allowed. These home visits are usually only granted to prisoners who have a few weeks to a few months remaining of a long sentence. Furthermore, home visits are more likely to be granted if the prisoner is deemed to have a low risk of absconding (i.e. prisoners being held in open prisons have a better chance of being granted home visits than prisoners being held in closed conditions).

=United States =

The first state to implement conjugal visits was Mississippi in the Mississippi State Penitentiary (Parchman). It was enacted to convince black male prisoners to work harder in their manual labor.{{cite web|last1=Mayyasi|first1=Alex|title=The Dark Origins of Conjugal Visits|url=http://priceonomics.com/the-dark-origins-of-conjugal-visits/|website=Priceonomics|date=21 September 2015 |access-date=22 June 2020}} This was done unofficially at first, but had become official policy at Parchman Penitentiary by the 1950s.

In Lyons v. Gilligan (1974), the United States District Court for the Northern District of Ohio held that prisoners have no federal constitutional right to conjugal visits with their spouses during sentences.{{cite court|litigants=Lyons v. Gilligan|vol=382|reporter=F. Supp.|opinion=198|court=N.D. Ohio|year=1974|url=https://casetext.com/case/lyons-v-gilligan}}

As of 2008, conjugal visitation programs are now known as the extended-family visits or family-reunion visits because mothers, fathers, and other family members may attend these visits. The focus is on family ties and rehabilitation.

==Federal prisons==

The United States Federal Bureau of Prisons does not allow conjugal visits for prisoners in federal custody.{{cite web|url=http://www.bop.gov/inmate_locator/conjugal.jsp|title=Conjugal Visits: General Information|website=Federal Bureau of Prisons|access-date=30 December 2009|archive-date=10 October 2007|archive-url=https://web.archive.org/web/20071010113114/http://www.bop.gov/inmate_locator/conjugal.jsp|url-status=dead}}

==State prisons==

For prisoners in state custody, the availability of conjugal visits is governed by the law of the particular state. The four states that currently allow conjugal visits are California, Connecticut, New York, and Washington.{{cite web |last1=Johnson-Roehr |first1=S. N. |title=Controversy and Conjugal Visits |url=https://daily.jstor.org/controversy-and-conjugal-visits |website=JSTOR Daily |access-date=25 April 2023 |date=13 February 2023}}

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 into or out of the facility.{{Citation needed|date=March 2023}}{{cite web |last1=Liss |first1=Peter |title=Everything You Should Know About Conjugal Visits in California |url=https://vistacriminallaw.com/conjugal-visits/ |website=Vista Criminal Law |access-date=10 April 2025}}

Jorja Leap, a professor of social welfare at the Luskin School of Public Affairs at the University of California, Los Angeles stated that criminologists believe allowing conjugal visits would build family ties and reduce recidivism.{{cite magazine|last=Sanburn|first=Josh|url=https://nation.time.com/2014/01/13/mississippi-ending-conjugal-visits-for-prisoners/|title=Mississippi Ending Conjugal Visits for Prisoners|magazine=Time|date=13 January 2014|access-date=19 April 2014}} Over the last 40 years, most new prisons included special buildings specifically designed for conjugal visits.{{cite web|url=http://www.legalzoom.com/marriage-divorce-family-law/marriage-domestic-partnership/conjugal-visits-preserving-family-bonds|title=Conjugal Visits: Preserving family bonds behind bars|first=Patrick|last=Rodgers|publisher=LegalZoom|date=September 2009|access-date=31 August 2011|archive-date=20 April 2014|archive-url=https://web.archive.org/web/20140420000115/https://www.legalzoom.com/marriage-divorce-family-law/marriage-domestic-partnership/conjugal-visits-preserving-family-bonds|url-status=dead}}

By the early 1990s, 17 states had conjugal programs. According to Leap, conjugal visits declined after an increase in attitudes that prison should be a place for punishment and that conjugal visits were not appropriate for people being punished, and also because academic literature in the 1980s and 1990s argued that it was not possible to rehabilitate some criminals. Many states that once allowed conjugal visits have since eliminated the programs. In April 2011, New York adopted legislation to allow family visits for married partners.{{cite news| url=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 | location=New York | work=Daily News | title=Conjugal visits allowed for inmates and partners in same-sex marriages, civil unions}} In January 2014, the head of the Mississippi Department of Corrections, Chris Epps, terminated the state conjugal program. New Mexico announced it was also ending its program in May 2014.{{cite web|url=http://www.dopplr.com/social-atlas/|title=Conjugal Visits: Rules and History|website=Dopplr|date=15 April 2016|archive-url=https://web.archive.org/web/20160424091505/http://www.dopplr.com/social-atlas/|archive-date=24 April 2016}}

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 married same sex couples or domestic partners who are not themselves incarcerated. Further, the same-sex marriage or domestic partnership must have been established before the prisoner was incarcerated.{{cite news|url=https://www.nbcnews.com/id/wbna18994457|title=Calif. gay inmates get conjugal visits|agency=Associated Press |publisher=NBC News|date=2 June 2007|access-date=30 December 2009}}

See also

References

{{Reflist}}

= Further reading =

  • {{cite journal |last=Hopper |first=Columbus B. |date=September 1962 |title=The Conjugal Visit at Mississippi State Penitentiary |url=https://scholarlycommons.law.northwestern.edu/jclc/vol53/iss3/7 |journal=The Journal of Criminal Law, Criminology, and Police Science |volume=53 |issue=3 |pages=340–343 |jstor=1141470 |doi=10.2307/1141470}}

{{DEFAULTSORT:Conjugal Visit}}

Category:Human sexuality

Category:Penal imprisonment

Category:Prison sexuality

Category:Imprisonment and detention