Legal Question in Criminal Law in New York

Prisoner Visitation Rights

Can a prisoner in a New York State prison be granted any type of leave (even if only for 1 day) to visit a terminally ill parent? and if so how do they go about requesting it?


Asked on 9/11/02, 2:30 pm

1 Answer from Attorneys

Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Prisoner Visitation Rights // Reply

Yes, but it's very difficult and rarely granted. First, it depends on what the person is in prison for, and what their present "security" [max, medium, min] classification is. Next, the nature of the illness and "life expectancy" of the parent will have to be documented in detail by the treating physician. Lastly, depending on how close the inmate is to their home, many times has a practical impact on the decision.

The inmate needs to go through their inmate counselor ASAP, to see what if anything else the particular Correctional Facility might require. If the family has any "contacts" with any NY State politicians, e.g., Legislator, Senator, etc., getting them "involved" cannot hurt. Finally, any religious assistance, minister, priest, rabbi, etc., both from within the Correctional Facility and for the family should also provide written documentation.

Good Luck to you.

Don Rehkopf

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Answered on 9/11/02, 3:21 pm


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