Marriage Procedures for Inmates

Idaho
Department of
Correction

Standard
Operating
Procedure
Title:
Marriage Procedures for Inmates

Page:
1 of 8

Control Number:
311.02.01.001
Version:
4.0
Adopted:
04-26-2005

IDOC Data Sensitivity Classification - L3 Restricted
Ashely Dowell, chief of the division of prisons, approved this document on 06/05/2017.
Open to the public: Yes
SCOPE
This standard operating procedure applies to all inmates housed in Idaho Department of Correction
(IDOC) correctional facilities, including community reentry centers (CRCs).
Revision History
Revision date (06/05/2017) version 4.0: Updated definition of immediate family, changed
offender to inmate, updated formatting, division, and job titles
TABLE OF CONTENTS
Board of Correction IDAPA Rule number 311 ........................................................................ 1
Policy Control Number 311 .................................................................................................... 1
Purpose ................................................................................................................................ 1
Responsibility ........................................................................................................................ 2
Standard Procedures ............................................................................................................ 2
1. Conditions to Marry ......................................................................................................... 2
2. Marriage Requests .......................................................................................................... 2
3. Marriage Ceremony......................................................................................................... 7
4. Documentation and Record Retention ............................................................................. 8
Definitions ............................................................................................................................. 8
References ........................................................................................................................... 8

BOARD OF CORRECTION IDAPA RULE NUMBER 311
Inmate Marriages
POLICY CONTROL NUMBER 311
Marriages: Inmate
PURPOSE
The purpose of this standard operating procedure (SOP) is to establish principles and practices for
processing inmate marriage requests.
Control Number:
311.02.01.001
Version:
4.0
Title:
Marriage Procedures for Inmates
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Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
RESPONSIBILITY
Facility heads or designees are responsible for implementing this SOP and ensuring that staff
members practice the standards and procedures contained herein.
STANDARD PROCEDURES
1. Conditions to Marry
Marriage must conform to the laws of the State of Idaho. The IDOC has the following interests
regarding 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 be
legal?
• Would the marriage affect the safety of the facility, staff, or the public?
The IDOC does not provide marriage counseling. However, because relationships affect an
inmate’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, if
appropriate.
Inmates are allowed to marry while incarcerated provided the requirements established in this SOP
and State of Idaho laws are met. Inmates are not permitted to bypass the requirements established
in this SOP and marry over the telephone or by proxy. Normally, if an inmate bypasses the
requirements established in this SOP, he will not be allowed to visit with his proposed spouse, and
he may face disciplinary action in accordance with Disciplinary Procedures: Inmate, SOP
318.02.01.001.
When an inmate marries while incarcerated, it does not guarantee that the inmate will be allowed to
visit 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 must
terminate 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 divorces
or annulments before they will be allowed to marry. Legal documentation must be in the form of a
decree, certificate of divorce or annulment, or court order. Idaho law does not permit family
members to marry (such as a marriage between a parent and child, ancestor and descendant [of
every degree], brother and sister [of the half or of the whole blood], uncle and niece, aunt and
nephew, or first cousins).
2. Marriage Requests
Marriage Application Review Team
The marriage application review team consists of the facility head or designee, the facility
marriage coordinator, the inmate’s case manager, and if needed in accordance with the process
steps in this section, the applicable division chief or designee.
Control Number:
311.02.01.001
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Title:
Marriage Procedures for Inmates
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Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
The facility head or designee must appoint a staff member to serve as the facility marriage
coordinator. For the purpose of this SOP only, the facility marriage coordinator will typically be
the facility volunteer and religion coordinator (VRC). However, if the facility does not have a
facility VRC and the facility head appoints a staff member to serve as the facility marriage
coordinator, the appointed staff member should receive training from the division VRC. In
addition, if the facility head or facility marriage coordinator have any questions regarding the
below process steps, contact the division VRC for explanation and/or clarification.
Functional Roles
and
Responsibilities Step Tasks
Inmate 1
Submit a completed Application for Marriage Part One to
the facility marriage coordinator.
Facility Marriage
Coordinator
2
Using Application for Marriage Log, document receipt of the
Application for Marriage
When the log is completely full, retain in accordance with
this SOP
3
Schedule an interview appointment with the inmate and
proposed spouse within 30 days of receiving the
Application for Marriage. (Both parties need to attend the
interview together.)
Before the interview:
• Review the inmate's file information.
• Have the inmate complete and sign, Marriage
Application Waiver of Confidentiality.
• Whenever possible, the interview should be in
person but can be conducted via telephone.
However, in all cases the interview must be in
accordance with the custody level of the inmate
and the security level of the facility.
• If the inmate does not freely and voluntarily
complete the Marriage Application Waiver of
Confidentiality, end the process here.
Control Number:
311.02.01.001
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Title:
Marriage Procedures for Inmates
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Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
Functional Roles
and
Responsibilities Step Tasks
Facility Marriage
Coordinator
4
Conduct an interview with the inmate and proposed
spouse.
Ask the proposed spouse about the inmate's criminal
record.
If the inmate disclosed his criminal record to the proposed
spouse – skip to step 7.
If the inmate did not disclose his criminal record to the
proposed spouse, encourage and give the inmate the
opportunity to disclose it himself first – then proceed to step
5. Do not disclose to the proposed spouse any information
from the Pre-sentence Investigation (PSI) Report. The
inmate cannot authorize the release of PSI Report
information but can disclose information about himself.
5
Give the proposed spouse a copy of the inmate completed
and signed Marriage Application Waiver of Confidentiality;
and
Refer the proposed spouse to the Idaho State Police (ISP),
Division of Criminal Identification, to request a criminal
records check on the inmate.
6
Ask the proposed spouse to schedule a follow-up
appointment with you after the criminal record check is
complete.
Inform the proposed spouse that a copy of the criminal
record obtained from ISP must be brought to the follow-up
appointment.
Document the interview as described in section 4 of this
SOP.
The process ends here until the proposed spouse
schedules and attends the follow-up appointment. The
process then begins again at step 7.
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311.02.01.001
Version:
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Title:
Marriage Procedures for Inmates
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Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
Functional Roles
and
Responsibilities Step Tasks
7
Discuss basic marital issues related to the inmate’s
incarceration such as:
• Visitation
• Inmate move (to another facility)
• Inmate move (out of state)
• Rules of parole
• Limitations on parole (if the inmate is a sex
inmate)
• Release information
Facility Marriage
Coordinator
8
If either the inmate, proposed spouse, or both were
previously married, obtain the divorce or annulment legal
document(s) from the applicable party or parties.
If the divorce or annulment legal documents have an
original signature, seal, or ink stamp (such as a certified
true copy stamp), make a copy and return the document
that has the original signature, seal, or ink stamp to the
applicable party.
9
Explain the facility marriage process and the approval
process for the person conducting the marriage ceremony.
If the parties would like the IDOC to find a person to
conduct the marriage ceremony, that person must be
selected from the IDOC’s list of qualified people. The list
may be obtained from the facility VRC or division VRC (as
applicable). It is the parties’ responsibility to coordinate all
other details for the ceremony.
10
Ensure that the inmate’s case manager is involved with the
process so that relationship counseling can be added (if
appropriate) to the inmate’s release case plan.
11
Complete the Application for Marriage Part Two within five
working days of completing the follow-up interview.
Document the interview as described in this SOP.
Forward the Application for Marriage Part One, Application
for Marriage Part Two (via e-mail), and any other
documentation to the facility head or designee.
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Title:
Marriage Procedures for Inmates
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Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
Functional Roles
and
Responsibilities Step Tasks
Facility Head or
Designee

12
Document on the completed Application for Marriage Part
Two any of the following regarding the marriage:
• Violates any State of Idaho laws
• Is not in accordance with the provisions of this
SOP
• Would have an adverse effect on the safety of
the facility, staff, or public
13
If for any reason, you believe the marriage should not be
allowed, forward the Application for Marriage Part One, and
the Application for Marriage Parts Two and Three, and any
supporting documentation to the applicable division chief or
designee.
Division Chief or
Designee 14
Review the Application for Marriage and supporting
documentation and obtain additional information if needed;
Approve or deny the request to marry, and notify the facility
head or designee of the decision; and
Sign and return the Application for Marriage Parts Two and
Three and supporting documentation to the facility head or
designee.
If denying the request to marry, retain the documentation
as described in section 4 of this SOP.
Facility Head 15
Implement the decision by notifying the facility marriage
coordinator.
If returned, forward the completed application for marriage
documents and supporting documentation to the facility
marriage coordinator.
Facility Marriage
Coordinator

16
Document the decision as described in section 4 of this
SOP.
Follow the record retention requirements describe in this
SOP.
Inform the inmate of the decision.
• If the marriage will not be allowed – the process
ends here.
• If the marriage will be allowed – proceed to step
17.
17
Assists the inmate with any facility issues related to
scheduling the marriage ceremony.
Control Number:
311.02.01.001
Version:
4.0
Title:
Marriage Procedures for Inmates
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Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
Marriage Application Process for Inmates Housed County Jails
Marriage requests for IDOC inmates who are held in county jails will be referred to the deputy
warden of Virtual Prisons Program (VPP), or designee. The deputy warden of the VPP or
designee will:
• Communicate with the county jail and request that the jail follow the basic procedures
provided herein this SOP.
• Exercise his option to bring the inmate back to an IDOC facility to go through the procedures
provided herein this SOP.
3. Marriage Ceremony
Conditions 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 or
beverages 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 staff
members (as determined by the facility head). All guests must be approved visitors. The
number of guests allowed to attend may be limited based on facility staffing and available
space. The immediate family members (as defined in Visiting, SOP 604.02.01.001) of the
marrying 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 staff
members (as determined by the facility head). All guests must be approved visitors. The
number of guests allowed to attend may be limited based on facility staffing and available
space. The immediate family members of the marrying parties should be given priority. The
Control Number:
311.02.01.001
Version:
4.0
Title:
Marriage Procedures for Inmates
Page Number:
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Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
facility head or designee may approve for attendance any immediate family members
housed at the same facility.
4. Documentation and Record Retention
Documentation Requirements
The facility marriage coordinator documents the marriage request process (to include interviews
and 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 Requirements
After the last entry has been made on the Application for Marriage Log, the facility head or
designee will maintain the log for two years and then destroy it.
Marriage approved – The completed Application for Marriage, Marriage Application Waiver of
Confidentiality, divorce or annulment legal documents, and other documents related to 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 and
then destroy all of the documents submitted as part of the marriage request.
DEFINITIONS
None
REFERENCES
Application for Marriage Part One
Application for Marriage Parts Two and Three
Application for Marriage Log
Marriage Application Waiver of Confidentiality
Standard Operating Procedure 318.02.01.001, Disciplinary Procedures: Inmate
Standard Operating Procedure 320.02.01.001, Property: State-issued and Inmate Personal
Property
Standard Operating Procedure 320.02.01.002, Property: Religious
Standard Operating Procedure 604.02.01.001, Visiting
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