Bad news for prisoners. The Supreme Court today upheld a Michigan prison policy which precluded prisoners who have sustained two controlled substance violations while in prison from even non-contact visitation with family members and friends, and which limited contact visits for all prisoners.

The case is OVERTON V. BAZZETTA (02-94)

Respondents--prisoners, their friends, and family members of the Michigan prisoners filed a 42 U.S.C. sect. 1983 action, alleging that the regulations as they pertain to noncontact visits violate the First, Eighth, and Fourteenth Amendments. The District Court in Michigan and the Sixth Circuit Court of Appeals agreed invalidating the restriction as unrelated to legitimate penal interests. The Supreme Court reversed.

Under the Michigan policy, inmates could not have visits with minors other than their children or grandchildren, or with former prisoners unless they were immediate family. Inmates with two substance abuse violations in prison could only see clergy or lawyers.

The policy covered both noncontact visits - in which the prisoner sees visitors through glass or some other barrier - and contact visits. A lower court upheld the rules for contact visits, so the Supreme Court focused on noncontact visits. The justices said prisoners may have some right to associate with family members, but that Michigan prison officials have good reasons for limiting family visits.

.... Michigan changed some of its rules after the case began. In 2001, minor siblings were added to the list of immediate family members who could visit. In May 2002, minor nieces and nephews were allowed noncontact visits, and the substance abuse policy changed to limit prisoners to only noncontact visits after one violation.

21 states and the feds weighed in with the Court by filing briefs in support of Michigan's position.