Section 81-9-003 - Visiting Services All jail facilities shall make provisions for inmate visitation in accordance with the following requirements:
003.01 In all facilities there shall be opportunities for inmate visitation with clergy, counselors, and legal representatives.003.01A Clergy providing religious counseling, physicians, probation/parole officers, and mental health and addiction therapists shall be allowed to visit at any reasonable time for any reasonable length of time. Visits between inmates and visitors of the types identified herein shall be contact visits unless the inmate or visitor indicate otherwise or unless the facility administrator has reasonable grounds to believe a contact visit would present a threat to jail security. If a contact visit is denied on the basis of a threat to jail security, the reason shall be documented.003.01B Attorneys or their legal assistants shall be allowed to visit their clients at any reasonable time for any reasonable length of time. However, in the event of an emergency, then attorneys or their legal assistants shall be allowed to visit their clients at any time. The facility administrator may establish reasonable procedures to require identification of any person who presents himself or herself to be an attorney or an attorney's authorized representative representing an inmate detained in the facility. Unless otherwise indicated by the inmate or the visitor, all attorney-client visits shall be contact visits.003.01C Contact visits between inmates and their attorneys or the attorneys' legal assistants, clergy, physicians, probation/parole officers, mental health and addiction therapists shall be in a private area or room so as to allow for confidential communication among up to four (4) people with adequate writing space. No physical barriers such as wire mesh, glazed barriers, or other physical obstructions shall be placed between inmates and any of the above specified visitors during contact visits. Such visits shall not be monitored, except that facility employees may visually observe the visitation through glazed observation panels or by means of closed circuit television as necessary to maintain appropriate levels of security.003.01D In all holding facilities, inmate visits with persons other than those specifically identified in Chapter 9, paragraphs 003.O1A and 003.O1B shall be provided at the discretion of the facility administrator.003.02 In all detention facilities, each inmate shall be allowed at least two (2) visits per week by persons other than those specified in Chapter 9, paragraphs 003.01A and 003.01B above. 003.02A No restrictions shall be placed on who may visit an inmate except that any person other than the inmate's spouse who is under the age of eighteen (18) may be denied visitation unless accompanied by their parent or guardian and that any person who the facility administrator has reasonable grounds to believe presents a threat to jail facility security or order may be precluded from visiting.003.02B Inmates shall be allowed at least two (2) hours of visiting time each week in two (2) or more visits. Visits shall not be limited to less than one-half (1/2) hour.003.02C Enough hours shall be set aside weekly to fulfill the visiting requirements of all inmates housed in the detention facility.003.02D Any person unable to visit during the regular visiting hours should be allowed to visit at least once a week at another time approved by the facility administrator.003.02E The facility administrator may make special arrangements for those persons who must travel over 150 miles to visit an inmate.003.02F At the discretion of the facility administrator, visits may be of the contact type.003.03 All visitors shall be required to register their names and provide all other information required in the visitor's register described in Chapter 3, paragraph 002.06.003.04 For contact visits, visitors may be required to submit to a search procedure. If the visitor does not wish to submit to a search, the facility administrator may restrict the visit to a non-contact type. Basic searching techniques are as follows: 003.04APat Search. This involves touching and feeling of the visitor's clothing, other than hats, jackets, coats, wigs, and shoes. The pat search shall be considered the routine method of searching visitors entering the jail facility and may be conducted at any time. Female visitors shall be searched by female employees and male visitors searched by male employees.003.04BBody Search. A body search entails the removal of all clothing except undergarments. The body search may be conducted only where there exists substantial evidence that the visitor may introduce contraband into the jail facility.003.04CStrip Search. This requires the removal of all articles of clothing and an examination and intrusion into the body orifices and cavities. Facility employees may supervise strip searches, but only qualified medical employees may establish contact with the body cavities or orifices. Strip searches may occur only when there exists probable cause to believe the visitor is carrying contraband. Only the facility administrator may authorize a strip search of visitors.003.05 Inmates shall be allowed to accept from visitors only those items approved by the facility administrator.003.06 Visitors who refuse to abide by any policy or procedure concerning visiting may be denied the privilege of visiting.81 Neb. Admin. Code, ch. 9, § 003