Conjugal Visits

History

American penal institutions first officially introduced conjugal visiting programs in 1918 in Mississippi. Evidence, however, suggests that this policy had been implemented unofficially long before it was legally permitted, to induce inmates to work harder in the fields. Thus, it seems that the origins of conjugal visitation were rooted solely in the management of inmates and the administrative needs of the institutions rather than in any desire to fortify family bonds. Initially, these conjugal visits were intended to be exclusively sexual in nature and did not require inmates to be married. In fact, records suggest that prostitutes occasionally met with those eligible to enjoy heterosexual relations within prison.

Current Practice

In the period immediately following the legalization of conjugal visiting, there were no correctional facilities appropriate for private sexual encounters between partners, so inmates would have to meet in their cells and hang a sheet to provide some visual privacy from others. Today, institutions offering conjugal visits provide various settings for privacy. Certain institutions use campgrounds on the premises of correctional institutions, where families may even stay together overnight. Others make available private rooms within prison walls themselves. The type of setting for family relations depends on several factors, including the level of security of the institution—even though they are limited almost exclusively to individuals held in lower-security institutions—the type of facility the prison or jail is using, and the resources available to the institution.

The Case for Conjugal Visits

Conjugal visiting programs have been instituted in a limited number of correctional facilities to offset some of the negative psychological effects of being imprisoned. Their primary justification is that inmates who maintain relatively normal familial interactions are more likely to have lower recidivism rates and are easier to manage while serving their sentences.

In addition, conjugal visitation policies have sometimes been justified as a way to reduce the amount of homosexual activity that occurs between inmates who have no other sexual outlets. This reasoning is predicated on the presumption that [Page 153]inmates have uncontrollable sexual desires that, if not channeled into heterosexual interactions, will result in consensual homosexual contact or homosexual rape. One problem with this justification has been that acts of rape have more to do with power and control of another inmate than with sexual pleasure or desire. Another challenge to this reasoning has been that not all inmates prefer heterosexual relationships, and many may intentionally seek out homosexual contact exclusively.

Conjugal visits have been praised by individuals and groups that seek to keep children of inmates closely bonded with their institutionalized parents. Extensive research exists on the negative psychological impacts of having a parent imprisoned. The findings of these studies have provided the impetus for many of the conjugal visitation programs predominantly in women's prisons that allow children to visit their mothers overnight or throughout weekends. Certain specialized programs, like the one initiated by the Girl Scouts of America, have established programs with some women's correctional institutions that allow mothers and their daughters or sons to work together on projects that can result in badges of merit or other forms of positive recognition. As an incentive for incarcerated women, conjugal visits with children are sometimes granted for the successful completion of parenting courses provided by correctional institutions. Some institutions even provide nurseries on the institution's premises where expectant mothers can prepare to give birth and then stay for up to 18 months after the birth of her child, with the expectation that she continue to fulfill expectations of conduct. Few problems have been documented as a result of these programs, although unfortunately these kinds of program incentives are chiefly offered only to female inmates.

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