The risk to individuals who participate in conjugal visitation is not limited to dysfunctional family interactions.
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.
46) Any classification created by the conjugal visitation program, according to the district judge, would have been reasonable, since there was no suspect class and the classification did not burden a fundamental right.
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.
284) In support of this argument, prisons administrators could rely on court decisions finding that blanket prohibitions on prisoners' rights to procreation, (285) contact visitation, (286) and conjugal visitation are not overly restrictive.
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.
State allowing conjugal visitation
are California, Connecticut, Minnesota, Mississippi, New York, Oregon, South Carolina, and Washington.
In 1974, the conjugal visitation program was expanded to include a three-day family visit.
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.