In 2016, the FDC instituted a new visitation policy for inmates being held while awaiting trial or sentencing. Pre-trial inmates are the majority of those held at the facility, and they may remain at the FDC for months or years. The new policy limits the people who can visit these inmates to a narrowly defined group of “immediate family” members. While an inmate’s children are part of his “immediate family,” they are barred from visiting unless accompanied by an adult who is also a member of the inmate’s immediate family. Both plaintiffs in this lawsuit are not currently married to their children’s mothers, and thus the mothers are not “immediate family” members allowed in with the children. Like the plaintiffs, many FDC pre-trial inmates have no adult immediate family members who are available to bring their children to visit. With the adoption of this new policy, many have no visitors at all. As a result, the inmates go months or years without any chance to see their children while awaiting trial.
This policy is more restrictive for pre-trial inmates than for sentenced inmates in the FDC. It is even more restrictive than visitation policies at high-security U.S. Penitentiaries. We, the Pennsylvania Institutional Law Project, and Drinker Biddle & Reath LLP are asking the Court to step in and declare this policy unconstitutional and order the FDC to fix it.
Defendant's Motion to Dismiss Denied