Unclear dress codes at correctional facilities leave some unable to visit

By Stef Anderson | Capital News Service

RICHMOND, Va. — House lawmakers advanced a bill to create a clear, statewide dress code for visitors to state correctional facilities, to help reduce confusion and denied visits.

Del. Holly Seibold, D-Fairfax County, introduced House Bill 296 because she said she noticed a decline in visits due to visitors being denied access over clothing. The intent of the bill is to create transparency and consistent guidelines for visitors so they have more time with their loved ones, the delegate said.

“Many people drive far to go see their loved ones in prison,” Seibold said. “They have children with them, so we want to do whatever we can to make sure that they have access to their loved one.”

Current Virginia Department of Corrections guidelines prohibit certain items, including wearable technology such as watches or Google smart glasses. Clothing must cover the neck to the kneecaps, according to the VDOC website. 

The bill requires the VDOC to establish an “objective dress code” and post the policy in the lobby of every state correctional facility and on its website.

VDOC’s new policy can set limitations on attire, undergarments, shoes, nail polish, makeup, jewelry or hair. Specifically, VDOC can limit colors or materials of attire, nail polish or makeup. It can state specific, measurable lengths on clothing and require certain body parts be covered, as well as prohibit specific types of jewelry, makeup or shoes. Religious dress that meets the code’s requirements cannot be prohibited.

The bill creates a process for visitation denial at the facility, which must be reviewed by an on site administrative duty officer and approved by a regional administrator or superior. VDOC will be required to submit an annual report to the General Assembly and the governor with information regarding the number of visitors denied entry and reason for denial. 

Nicole Deyo is CEO and executive director of Bending the Bars Foundation, an advocacy group involved in policy development and legislative recommendations for the incarcerated.

Deyo became involved in prison advocacy after her child’s father died from a fentanyl overdose six years ago at Lawrenceville Correctional Center. The facility was privately operated at the time, she said. 

Her family’s massive loss made her wonder what was happening within the prison.

“Specifically for him, because when he was out here on the street, he never had a substance abuse issue,” Deyo said. “So for his last chapter to end due to a fentanyl overdose, it really made me think: ‘How is this happening?’”

Visitors need a blueprint that creates consistency in the dress code, Deyo said. Shift and staff members may enforce dress in different ways, since there is not a specified code. Visitors have to be prepared that their outfit might be rejected by staff, according to Deyo.

“Seasoned individuals who have been dealing with visitation for a while, we usually come with two or three changes of clothes, which still, in itself, is very inconvenient because it takes away the potential time that you could be in there visiting with your loved one,” Deyo said. 

When contacted for comment about the impact of the bill, spokesperson Carla Miles said VDOC does not comment on pending legislation.

The bill passed the House with near unanimous support and was referred to the Senate Rehabilitation and Social Services committee. 

Capital News Service is a program of Virginia Commonwealth University’s Richard T. Robertson School of Communication. Students in the program provide state government coverage for a variety of media outlets in Virginia.

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