Visiting Privileges at Penal Institutions
By Richard R. Hammar, J.D., LL.M., CPA
© Copyright 1991, 1998 by Church Law & Tax Report. All rights reserved. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Church Law & Tax Report, PO Box 1098, Matthews, NC 28106. Reference Code: m28
Many states allow ministers to enter correctional institutions for purposes of religious counseling and instruction.1 However, much discretion is vested in prison authorities to determine the conditions under which a particular visit will be allowed. It is customary to allow a prisoner to visit with a minister prior to the infliction of the death penalty, and some states provide for the presence of clergy at executions.
It has been held that the first amendment does not forbid outsiders from entering prisons in order to conduct religious services and to “witness” to prisoners, at least if prisoners are not forced to participate.2 The practice of many prisons in employing chaplains has also been upheld against the claim that it constitutes a violation of the first amendment's “nonestablishment of religion” clause.3
For related information on this topic see the following articles:
General Scope of a Minister's Authority
Officer of the Church Corporation
Clergy Authority in Property Matters
Performance of Marriage Ceremonies