28 C.F.R. § 540.40

Purpose and scope

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The Bureau of Prisons encourages visiting by family, friends, and community groups to maintain the morale of the inmate and to develop closer relationships between the inmate and family members or others in the community. The Warden shall develop procedures consistent with this rule to permit inmate visiting. The Warden may restrict inmate visiting when necessary to ensure the security and good order of the institution.

[45 FR 44232, June 30, 1980, as amended at 58 FR 39095, July 21, 1993]

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1982–2024 · leading case: Fed. Defenders of New York, Inc. v. Fed. Bureau of Prisons, 954 F.3d 118 (2d Cir. 2020).

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Fed. Defenders of New York, Inc. v. Fed. Bureau of Prisons, 954 F.3d 118 (2d Cir. 2020). “See 28 C.F.R. §§ 540.40 (regarding inmate visitation by family, friends, and others, and restrictions of such visits when necessary for “security and good order”), 543.”

Lyons v. Clark, 694 F. Supp. 184 (E.D. Va. 1988). · cites it 2× “Specifically, petitioner claims that 28 C.F.R. § 540.40 gives rise to a liberty interest in receiving visits from family, friends and community groups.”

Boudin v. Thomas, 533 F. Supp. 786 (S.D.N.Y. 1982). “28 C.F.R. § 540.40 (1980). (2) Staff shall permit limited physical contact, such as handshaking, embracing and kissing, between an inmate and a visitor, unless there is clear and convincing evidence that such contact would jeopardize the safety or security of the institution.”

Sledge v. United States Bureau of Prisons, 883 F. Supp. 2d 71 (D.D.C. 2012). “” 28 C.F.R. § 540.40 ; Doc. No. 63 Ex. O (BOP Program Statement 5237.”

Al Odah v. United States, 406 F. Supp. 2d 37 (D.D.C. 2005). “Furthermore, the Bureau of Prisons regulations cited to by Petitioner in his Reply, 28 C.F.R. § 540.40 and 28 C.F.R. § 540.50 , both allow for inmate visitation only with the consent of prison authorities and authorize restrictions for such visits when the security of the…”

Allen Ware v. Marvin Morrison, 276 F.3d 385 (8th Cir. 2002). · cites it 2× “Compare 28 C.F.R. § 540.40 with 28 C.F.R. § 541.19 .”

Tobar v. United States, 696 F. Supp. 2d 1373 (S.D. Ga. 2009). “The Federal Bureau of Prisons’s regulations explicitly encourage visitation: “[t]he Bureau of Prisons encourages visiting by family, friends, and community *1379 groups to maintain the morale of the inmate and to develop closer relationships between the inmate and family members…”

Agofsky v. Bureau of Prisons (S.D. Ind. 2024). “See 28 C.F.R. § 540.40 ("The Warden may restrict inmate visiting when necessary to ensure the security and good order of the institution").”

Beddow v. Rhodes (D. Kan. 2020). “See 28 C.F.R. § 540.40 (stating that the Warden “may restrict inmate visiting when necessary to ensure the security and good order of the institution”).”

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