] is old law to be omitted. LBD07450-01-5A. 3847 2 1 has been approved for participation in the family reunion program, such 2 incarcerated individual shall remain eligible to participate unless such 3 eligibility is taken away for bad conduct, failure to comply with 4 departmental program requirements or because such incarcerated individ- 5 ual has been determined to pose a current danger to self or others 6 pursuant to subdivision four of this section. If an incarcerated indi- 7 vidual is transferred to a new facility, such incarcerated individual's 8 eligibility for the family reunion program will continue and such incar- 9 cerated individual shall be eligible to participate in the family reun- 10 ion program at such new facility thirty days after arrival. 11 3. (a) Applications for participation in the family reunion program 12 may be made for the following family members who have established a 13 pattern of visitation, as defined by three visits in the last twelve 14 months unless such family member lives out of state, is disabled, elder- 15 ly or a minor, or lives more than three hundred miles from the facility 16 where the incarcerated individual is housed. In such cases, the visitor 17 shall be allowed to participate in the family reunion program without 18 establishing a recent pattern of visitation if such visitor is otherwise 19 eligible. The department shall provide reasonable accommodations for 20 disabled visitors and incarcerated individuals upon request. The number 21 of visitors at any one time shall be limited to the occupancy capacity 22 of the family reunion program unit, as determined by the fire and safety 23 official with jurisdiction over such units. The following family members 24 may be eligible for participation in the program: 25 (i) legal spouses, including a spouse who marries an incarcerated 26 individual during the term of such incarcerated individual's incarcera- 27 tion; 28 (ii) children or stepchildren of the incarcerated individual, who may 29 be accompanied by their non-incarcerated parent; 30 (iii) parents or stepparents of the incarcerated individual; 31 (iv) grandparents; 32 (v) siblings; 33 (vi) grandchildren of the incarcerated individual; and 34 (vii) with special approval from the facility superintendent, siblings 35 of parents, cousins, foster parents and in-laws of the incarcerated 36 individual, with proof of relationship. 37 (b) An eligible visitor may lose eligibility if such visitor is in 38 violation of a serious rule or regulation of the program, as determined 39 by the commissioner. Any visitor who loses such visitor's eligibility to 40 participate in the program shall be granted due process and shall be 41 eligible to participate in the program after a reasonable waiting period 42 unless such visitor has been convicted of a crime related to such visi- 43 tor's participation in the program. 44 4. Incarcerated individuals who pose a current danger to themselves or 45 others may be denied family reunion program visitation. Such denial must 46 be made on a case-by-case basis at the time visitation is sought and 47 shall be made in writing, with a copy to the incarcerated individual and 48 to the proposed visitor. When such danger has passed, the incarcerated 49 individual shall again be eligible for participation in the program 50 unless such incarcerated individual has failed to maintain a good disci- 51 plinary record or to comply with the department's program requirements. 52 Incarcerated individuals who test positive for human immunodeficiency 53 virus or hepatitis B or C, may participate in the program with informed 54 consent of the visitor or visitors. 55 § 2. This act shall take effect one year after it shall have become a 56 law.