Should an inmate who has committed a serious crime be allowed to have conjugal visits with their significant other? When you think of conjugal visits, it’s not always about sex although it does play a part when inmates are granted this privilege. Not every state allows it, but those that do have their share of supporters and those that want to put an end to it completely. Supporters generally state that it helps keeps families of prisoners close while its detractors say that conjugal visitation rights is another luxury being given to criminals while the victim or victim’s families suffer. Who’s right, who’s wrong, who knows?

But, what you thought you knew about conjugal visits you’ll soon realize there’s a whole lot more to it than just getting your freak on. Yes, when the program first began it was used as sort of a bargaining chip to get inmates to produce, i.e. sex for work, work for sex. However, the actual goal of conjugal visits today is designed as a means to preserve family relationships during an inmate’s period of incarceration.

The Origins of Conjugal Visits

The origins of conjugal visits had more to do with encouraging work than preserving marital relationships. The earliest program dates back to 1918 when James Parchmann, the warden at Mississippi State Penitentiary, introduced conjugal visits as an incentive for inmates to work harder. Over time, the system proved quite effective that for the next 40 years, new prisons included facilities specifically designed for that purpose.

Today, the Extended Family Visit (conjugal visits) are only granted in California, Connecticut, Mississippi, New Mexico, New York and Washington. Conjugal visitations are still used as an incentive for good behavior, but now it’s primarily designed to preserve family bonds. The idea is that supporting these bonds will strengthen the inmate’s chances for rehabilitation and lessen rates of recidivism. This privilege is only limited to inmates and spouses who were legally married prior to incarceration.

 A Privilege, Not a Right

States choosing to offer Extended Family Programs are picky when it comes to choosing who’s eligible. Don’t assume anyone who is married automatically qualifies. Each state’s Department of Corrections has its own specific set of eligibility rules and requirements. For example, inmates must be serving in a medium security prison or less (for the record, the Federal Bureau of Prisons does not allow them). They must have been on good behavior without violating any rules or conduct codes. Once they have been selected past the first round, the inmate must go through a mandatory health screening. Inmates at risk of transmitting HIV or any other sexually transmitted disease (syphilis, gonorrhea, etc.) are automatically disqualified.

Inmate’s spouses must also qualify for conjugal visitations. A spouse must be on the prisoner’s approved visitor list, provide proof of relation, pass a background check, submit to a search and dress appropriately. In California, the list of banned clothing is extensive. Transparent clothing, bare midriffs, strapless attire and anything with obscene or offensive language or drawings won’t make it past security. In Connecticut, the Department of Corrections tells visitors not to wear revealing, seductive or offensive clothing or attire that draws undue attention.

If both spouses qualify, then they are given an hour for the conjugal visit and provided with the following items: soap, condoms, tissue, sheets, pillowcase, face towel and a bath towel. Before they leave, the inmate and spouse are searched before and after each visit for security reasons.

Where Do These Visits Take Place?

Inmates who qualify for visits are furnished with private, apartment-style settings within the prison walls. As the name implies, Extended Family Visits are not limited simply to spouses. In most states, up to three family members can be present at a visit. The time in the apartment allows the family unit to act as a whole. Internationally, conjugal visits are seen as an important part of the prisoner’s interaction with the outside world—a vivid reminder of life on the other side of the prison walls. In Russia, visitors can bring food and civilian clothing for the prisoner. In Canada, the apartments are designed to look like homes; some even have gardens and barbecues.

In the US, Extended Family Visit programs are justified by 5 of the 6 participating states on the grounds that it helps preserve the family. The hope is that maintaining familial relationships during incarceration will motivate prisoners to improve their behavior both behind bars and upon release.

Pros and Cons of Conjugal Visits

 Research has shown that a strong support system is vital to a successful transition from incarceration back into society. Maintaining stable family relations while incarcerated is vital for meaningful interaction with the significant persons in their lives. Further studies have revealed that visitation privileges increase positive adjustment and a lower tendency to lapse into a previous pattern of criminal habits. While states that do allow conjugal visits realize the importance of providing this privilege, other states do not feel that the benefits outweigh the disadvantages and cost to the system, victim’s families and the community.

In states such as Ohio, officials argue that conjugal visits may be more beneficial to maintaining already functional families than addressing the needs of a dysfunctional family. Also, they feel that these visitation programs tend to place emphasis on the sexual aspects of a relationship rather than promoting emotionally healthy relations. And, most conjugal visitation programs recognize only legal marriages between heterosexual couples. The establishment of non-traditional family support systems has become more common yet conjugal visitation programs do not recognize these relationships, opening administrators to claims of discrimination.

Another argument against conjugal visitation is the reluctance of the public to accept programs that provide extra privileges to convicted felons at a cost to the taxpayer. The "get tough" stance on punishing offenders has led to a re-emphasis on prison sentences. Because of this, there is a public demand for limiting inmate privileges that appear to only benefit inmates.

In an effort to increase family bonds, the Ohio Department of Rehabilitation and Correction (ODRC) has included family involvement in its offender re-entry philosophy. ODRC is developing new avenues for engaging families during an offender's incarceration through the adoption of a family orientation program, the formation of a Family Council and innovating policy changes calling for greater family involvement during confinement and/or any period of community supervision that follows.

What about Gay Inmates?

As previously mentioned, conjugal visits in the US are only allowed to legal, married spouses who can provide proof that a marriage exists. However, in prisons around the world courts have been allowing gay prisoners conjugal visitation privileges. Latin America appears to be at the forefront of allowing gay inmates the opportunity to have conjugal visits with their partners. Many Latin American countries already offer conjugal visitation rights to some married inmates.

In 2001, the Colombian Supreme Court ruled in two separate cases that gay inmates with partners should have equal visitation rights as married prisoners. In one of those cases, a lesbian inmate's demands for conjugal visits became the first sexual orientation-related case ever presented before the Inter-American Commission of Human Rights. In that case, the Colombian government admitted in 1999 that the denial to grant visitation rights to Alvarez constituted "inhuman and discriminatory" treatment. The government also alleged that Latin-American cultures do not tolerate homosexuality. Following the hearings, the parties embarked on over two years of negotiations in order to reach a friendly settlement.

In 2004, Mexico City granted gay inmates conjugal visits because of recent national constitutional amendment protecting prisoners' rights. The regulations, spurred by a recent change to the Constitution, demand "respect for human rights, without distinction or preference by group, religion, sexual orientation or by particular individuals" within the corrections system.

In December 2005, a judge in Argentina ordered prison authorities in the province of Córdoba to allow conjugal visits for gay prisoners. The prosecution argued that denying conjugal visits to gays while allowing them for heterosexuals is illegal.

The law requires authorities to guarantee intimate relations for prisoners with their spouses or, alternatively, with their partners. The judge in the case ordered jails and prisons across the province to allow conjugal visits for all gay prisoners. In an interesting twist, the ruling also allows inmates who develop relationships inside jails also to be allowed sexual relations. 

Conclusion

Most of us will never do any prison time. And, many more of us believe that prison is a place for punishment for committing a crime. But, just imagine you have a loved one serving time and were unable to visit them. Yes, there are those that take these privileges for granted but what about those prisoners that can actually benefit from conjugal visits? Wherever you stand, the issue of conjugal visits is an issue that needs to be re-examined by states that already allow it. As for states that currently disallow conjugal visits, maybe now is the time to explore how it will benefit prisoners and at the same time, how it will benefit the system and society in the long run.