IdahoDepartment ge Procedures for InmatesControl Number:311.02.01.001Page:1 of 8Version:4.0Adopted:04-26-2005Ashely Dowell, chief of the division of prisons, approved this document on 06/05/2017.Open to the public:YesSCOPEThis standard operating procedure applies to all inmates housed in Idaho Department of Correction(IDOC) correctional facilities, including community reentry centers (CRCs).Revision HistoryRevision date (06/05/2017) version 4.0: Updated definition of immediate family, changedoffender to inmate, updated formatting, division, and job titlesTABLE OF CONTENTSBoard of Correction IDAPA Rule number 311 . 1Policy Control Number 311 . 1Purpose . 1Responsibility . 2Standard Procedures . 21. Conditions to Marry . 22. Marriage Requests. 23. Marriage Ceremony . 74. Documentation and Record Retention . 8Definitions . 8References . 8BOARD OF CORRECTION IDAPA RULE NUMBER 311Inmate MarriagesPOLICY CONTROL NUMBER 311Marriages: InmatePURPOSEThe purpose of this standard operating procedure (SOP) is to establish principles and practices forprocessing inmate marriage requests.
Control Number:311.02.01.001Version: Title:4.0Marriage Procedures for InmatesPage Number:2 of 8RESPONSIBILITYFacility heads or designees are responsible for implementing this SOP and ensuring that staffmembers practice the standards and procedures contained herein.STANDARD PROCEDURESConditions to MarryMarriage must conform to the laws of the State of Idaho. The IDOC has the following interestsregarding the marriage of an inmate while he is in the custody of the IDOC: Would the marriage violate any State of Idaho laws, specifically: would the marriage belegal? Would the marriage affect the safety of the facility, staff, or the public?The IDOC does not provide marriage counseling. However, because relationships affect aninmate’s successful reintegration into the community, case managers should work with inmates,who marry while incarcerated, to add relationship counseling to the inmate’s release case plan, ifappropriate.Inmates are allowed to marry while incarcerated provided the requirements established in this SOPand State of Idaho laws are met. Inmates are not permitted to bypass the requirements establishedin this SOP and marry over the telephone or by proxy. Normally, if an inmate bypasses therequirements established in this SOP, he will not be allowed to visit with his proposed spouse, andhe may face disciplinary action in accordance with Disciplinary Procedures: Inmate, SOP318.02.01.001.When an inmate marries while incarcerated, it does not guarantee that the inmate will be allowed tovisit with the spouse.An inmate will not be allowed to marry a current IDOC employee, contractor, intern, or volunteer.Before such marriage would be allowed, the employee, contractor, intern, or volunteer mustterminate his employment or relationship with the IDOC.Marriage applicants are responsible for: Acquiring all documents required to get married. All costs relating to the marriage.When applicable, an inmate and proposed spouse must provide legal documentation of all divorcesor annulments before they will be allowed to marry. Legal documentation must be in the form of adecree, certificate of divorce or annulment, or court order. Idaho law does not permit familymembers to marry (such as a marriage between a parent and child, ancestor and descendant [ofevery degree], brother and sister [of the half or of the whole blood], uncle and niece, aunt andnephew, or first cousins).Marriage RequestsMarriage Application Review TeamThe marriage application review team consists of the facility head or designee, the facilitymarriage coordinator, the inmate’s case manager, and if needed in accordance with the processsteps in this section, the applicable division chief or designee.Idaho Department of Correction
Control Number:311.02.01.001Version: Title:4.0Marriage Procedures for InmatesPage Number:3 of 8The facility head or designee must appoint a staff member to serve as the facility marriagecoordinator. For the purpose of this SOP only, the facility marriage coordinator will typically bethe facility volunteer and religion coordinator (VRC). However, if the facility does not have afacility VRC and the facility head appoints a staff member to serve as the facility marriagecoordinator, the appointed staff member should receive training from the division VRC. Inaddition, if the facility head or facility marriage coordinator have any questions regarding thebelow process steps, contact the division VRC for explanation and/or clarification.Functional RolesandResponsibilitiesInmateStep1TasksSubmit a completed Application for Marriage Part One tothe facility marriage coordinator.Using Application for Marriage Log, document receipt of theApplication for Marriage2When the log is completely full, retain in accordance withthis SOPSchedule an interview appointment with the inmate andproposed spouse within 30 days of receiving theApplication for Marriage. (Both parties need to attend theinterview together.)Before the interview:Facility MarriageCoordinator3Idaho Department of Correction Review the inmate's file information. Have the inmate complete and sign, Applicationfor Marriage - Waiver of Confidentiality. Whenever possible, the interview should be inperson but can be conducted via telephone.However, in all cases the interview must be inaccordance with the custody level of the inmateand the security level of the facility. If the inmate does not freely and voluntarilycomplete the Application for Marriage - Waiverof Confidentiality, end the process here.
Control Number:311.02.01.001Functional RolesandResponsibilitiesVersion: Title:4.0Marriage Procedures for InmatesStepPage Number:4 of 8TasksConduct an interview with the inmate and proposedspouse.Ask the proposed spouse about the inmate's criminalrecord.If the inmate disclosed his criminal record to the proposedspouse – skip to step 7.4If the inmate did not disclose his criminal record to theproposed spouse, encourage and give the inmate theopportunity to disclose it himself first – then proceed to step5. Do not disclose to the proposed spouse any informationfrom the Pre-sentence Investigation (PSI) Report. Theinmate cannot authorize the release of PSI Reportinformation but can disclose information about himself.Give the proposed spouse a copy of the inmate completedand signed Application for Marriage - Waiver ofConfidentiality; andFacility MarriageCoordinator5Refer the proposed spouse to the Idaho State Police (ISP),Division of Criminal Identification, to request a criminalrecords check on the inmate.Ask the proposed spouse to schedule a follow-upappointment with you after the criminal record check iscomplete.6Inform the proposed spouse that a copy of the criminalrecord obtained from ISP must be brought to the follow-upappointment.Document the interview as described in section 4 of thisSOP.The process ends here until the proposed spouseschedules and attends the follow-up appointment. Theprocess then begins again at step 7.Idaho Department of Correction
Control Number:311.02.01.001Functional RolesandResponsibilitiesVersion: Title:4.0Marriage Procedures for InmatesStep7Page Number:5 of 8TasksDiscuss basic marital issues related to the inmate’sincarceration such as: Visitation Inmate move (to another facility) Inmate move (out of state) Rules of parole Limitations on parole (if the inmate is a sexinmate) Release informationIf either the inmate, proposed spouse, or both werepreviously married, obtain the divorce or annulment legaldocument(s) from the applicable party or parties.8If the divorce or annulment legal documents have anoriginal signature, seal, or ink stamp (such as a certifiedtrue copy stamp), make a copy and return the documentthat has the original signature, seal, or ink stamp to theapplicable party.Explain the facility marriage process and the approvalprocess for the person conducting the marriage ceremony.Facility MarriageCoordinator910If the parties would like the IDOC to find a person toconduct the marriage ceremony, that person must beselected from the IDOC’s list of qualified people. The listmay be obtained from the facility VRC or division VRC (asapplicable). It is the parties’ responsibility to coordinate allother details for the ceremony.Ensure that the inmate’s case manager is involved with theprocess so that relationship counseling can be added (ifappropriate) to the inmate’s release case plan.Complete the Application for Marriage Part Two within fiveworking days of completing the follow-up interview.Document the interview as described in this SOP.11Idaho Department of CorrectionForward the Application for Marriage Part One, Applicationfor Marriage Part Two (via e-mail), and any otherdocumentation to the facility head or designee.
Control Number:311.02.01.001Functional RolesandResponsibilitiesVersion: Title:4.0Marriage Procedures for InmatesStep12Facility Head orDesignee13Page Number:6 of 8TasksDocument on the completed Application for Marriage PartTwo any of the following regarding the marriage: Violates any State of Idaho laws Is not in accordance with the provisions of thisSOP Would have an adverse effect on the safety ofthe facility, staff, or publicIf for any reason, you believe the marriage should not beallowed, forward the Application for Marriage Part One, andthe Application for Marriage Parts Two and Three, and anysupporting documentation to the applicable division chief ordesignee.Review the Application for Marriage and supportingdocumentation and obtain additional information if needed;Approve or deny the request to marry, and notify the facilityhead or designee of the decision; andDivision Chief orDesignee14Sign and return the Application for Marriage Parts Two andThree and supporting documentation to the facility head ordesignee.If denying the request to marry, retain the documentationas described in section 4 of this SOP.Implement the decision by notifying the facility marriagecoordinator.Facility Head15If returned, forward the completed application for marriagedocuments and supporting documentation to the facilitymarriage coordinator.Document the decision as described in section 4 of thisSOP.Follow the record retention requirements describe in thisSOP.Facility MarriageCoordinator1617Idaho Department of CorrectionInform the inmate of the decision. If the marriage will not be allowed – the processends here. If the marriage will be allowed – proceed to step17.Assists the inmate with any facility issues related toscheduling the marriage ceremony.
Control Number:311.02.01.001Version: Title:4.0Marriage Procedures for InmatesPage Number:7 of 8Marriage Application Process for Inmates Housed County JailsMarriage requests for IDOC inmates who are held in county jails will be referred to the deputywarden of Virtual Prisons Program (VPP), or designee. The deputy warden of the VPP ordesignee will: Communicate with the county jail and request that the jail follow the basic proceduresprovided herein this SOP. Exercise his option to bring the inmate back to an IDOC facility to go through the proceduresprovided herein this SOP.Marriage CeremonyConditions of the marriage ceremony are within the discretion of the facility head or designee.If the marriage ceremony includes the exchange of wedding rings (plain band) or other ceremonial,religious items, the rings and items must meet the requirements of SOPs 320.02.01.001, Property:State-issued and Inmate Personal Property, and 320.02.01.002, Property: Religious. No food orbeverages are allowed. Dress code must meet the requirements outlined in SOP 604.02.01.001,Visiting.The general guidelines for the ceremonial location and who may attend (based on security level)are as follows:Administrative segregation Location: Non-contact visiting Attendance: The inmate, approved spouse-to-be, minister, and appropriate staff members(as determined by the facility head)Close custody Location: Contact visiting (or other facility head-approved location) Attendance: The inmate, approved spouse-to-be, minister, and appropriate staff members(as determined by the facility head)Medium custody Location: Contact visiting (or other facility head-approved location) Attendance: The inmate, approved spouse-to-be, minister, guests, and appropriate staffmembers (as determined by the facility head). All guests must be approved visitors. Thenumber of guests allowed to attend may be limited based on facility staffing and availablespace. The immediate family members (as defined in SOP 604.02.01.001, Visiting of themarrying parties should be given priority.Minimum custody Location: Contact visiting (or other facility head-approved location) Attendance: The inmate, approved spouse-to-be, minister, guests, and appropriate staffmembers (as determined by the facility head). All guests must be approved visitors. Thenumber of guests allowed to attend may be limited based on facility staffing and availablespace. The immediate family members of the marrying parties should be given priority. TheIdaho Department of Correction
Control Number:311.02.01.001Version: Title:4.0Marriage Procedures for InmatesPage Number:8 of 8facility head or designee may approve for attendance any immediate family membershoused at the same facility.Documentation and Record RetentionDocumentation RequirementsThe facility marriage coordinator documents the marriage request process (to include interviewsand decisions made) in the Corrections Integrated System (CIS) as a C-note entry.Case manager will use CIS to add relationship counseling to the inmate’s release case plan.Record Retention RequirementsAfter the last entry has been made on the Application for Marriage Log, the facility head ordesignee will maintain the log for two years and then destroy it.Marriage approved – The completed Application for Marriage, Application for Marriage Waiver of Confidentiality, divorce or annulment legal documents, and other documents relatedto the marriage request process may be destroyed or returned to the applicants (as applicable)after the completion of the marriage ceremony.Marriage denied – The appropriate division chief or designee will maintain for two years andthen destroy all of the documents submitted as part of the marriage request.DEFINITIONSNoneREFERENCESApplication for Marriage Part OneApplication for Marriage Parts Two and ThreeApplication for Marriage LogApplication for Marriage - Waiver of ConfidentialityStandard Operating Procedure 318.02.01.001, Disciplinary Procedures for InmatesStandard Operating Procedure 320.02.01.001, Property: State-issued and Inmate PersonalPropertyStandard Operating Procedure 320.02.01.002, Property: ReligiousStandard Operating Procedure 604.02.01.001, Visiting– End of Document –Idaho Department of Correction