Conjugal visitation also presents an ethical dilemma by increasing the chance of pregnancy when the incarcerated partner often lacks the ability to provide financial and emotional support to the partner and resulting child.
The high-risk nature of conjugal visitation also makes it an expensive program when providing for necessary security precautions.
One of the most persuasive arguments against the implementation of conjugal visitation is the disinclination of the public to accept programs that provide extra privileges to convicted felons at a cost to the taxpayer.
Inmates have also contended that prison regulations create a reasonable expectation of privacy, particularly with respect to conjugal visitation.
does not create any protected guarantee to conjugal visitation privileges while incarcerated.
257) Judge Tashima identified two problems with the majority's analogy of cases pertaining to conjugal visitation and Gerber's claim of a right to procreate.
Indeed, it is possible that in some cases the couple participated in the conjugal visitation for the purpose of procreation.
Nonsurvival of Right to Conjugal Visitation Does Not Foreclose Survival of Procreative Rights upon Incarceration
471) The court then asserted that, "The Constitution, however, does not create any protected guarantee to conjugal visitation privileges while incarcerated.
Furthermore, the opinion's language suggests that the Second Circuit intended to reject only the narrow right to conjugal visitation for prisoners, without denying the possibility that a broader right of procreation survives incarceration.
535) Presumably, legitimate penological interests would justify a total prohibition on female inmates' ability to become pregnant and bring a child to term while incarcerated via conjugal visitation or otherwise.
The conjugal visitation policy states, "In the event that a spouse of an HIV-infected inmate also is HIV-positive, the spouse may petition the commissioner of corrections for continuation of conjugal visits.
However, Bennett (1989) found that most administrators did not believe that family stability could be maintained or increased and homosexuality and violence reduced by conjugal visitation programs.
Correctional systems in the United States that allow conjugal visitation programs stress the preservation of family (Goetting, 1982).
As seen by some prison officials, conjugal visitation programs may serve as a behavioral control mechanism.