Lansing, MI—Michigan Attorney General Mike Cox announced today that the United States Supreme Court has ruled in the state’s favor in the Overton v. Bazzetta prisoner visitation case.  In a decision that impacts millions of prisoners nationwide, the Supreme Court declared that prison visitation policies of the Michigan Department of Corrections (MDOC), “bear a rational relationship to a legitimate penological interest,” and do not violate prisoners’ rights.

            In 1995, as a result of numerous visitation problems at MDOC facilities, including the molestation of a child, the MDOC began restricting prisoner visitation.  The new policy limited the total number of visitors eligible to see a prisoner, and stated that minor children visiting a prisoner must be a child, stepchild or grandchild of the prisoner and be accompanied by an adult immediate family member or legal guardian.

            In order to combat substance abuse within prisons, MDOC also stated that any inmate found guilty of two or more substance abuse major misconducts would lose all visitation privileges for a minimum of two years.

Plaintiffs argued in court challenges that the restrictions violated prisoners’ First Amendment rights and constituted cruel and unusual punishment.

            “This is a huge win for the state,” said Cox.  “Most importantly, the Supreme Court’s decision allows correctional facilities to effectively manage their prisoner population while keeping visitors, especially children, safe from harm.  A loss in this case could have cost the state millions of dollars in overhauling prisons and put thousands of children at risk of being abused.”