In Re Cummings

Opinion

RICHARDSON, J.

The Department of Corrections (Department) has adopted regulations which allow certain prisoners overnight visitation with their “immediate family.” Such visitation usually occurs in a guarded mobilehome, extends for two or three days, and includes the exercise of conjugal rights. Petitioner challenges as arbitrary and unreasonable the Department’s eligibility restrictions but we uphold its action.

The regulations at issue direct prison wardens and superintendents to adopt a family visitation plan available “to as many inmates as is possible commensurate with institution…