RANDOLPH COUNTY SHERIFF'S OFFICE

Policy

The Randolph County Detention Center recognizes that marriage is a fundamental right protected by the United States Constitution and affirmed by the United States Supreme Court. This right extends to incarcerated individuals regardless of gender or sexual orientation.

The exercise of this right is subject to reasonable limitations inherent to incarceration and necessary to preserve the safety, security, order, and efficient operation of the facility, as well as to protect the integrity of the criminal justice process.

The Detention Center shall provide a controlled and documented process by which detainees may request to marry a non-incarcerated individual. Marriages between incarcerated individuals are strictly prohibited. Approval of any marriage request is not automatic and may be denied based on legitimate penological interests.

Definitions

11.5.1 Solemnize – To formalize or legally recognize a marriage.

11.5.2 Coercion – Any act of pressure, intimidation, threat, or manipulation used to compel an individual to enter into marriage against their will.

Procedure

11.5.3 General Requirements

Marriage requests shall only be approved when:

a. The proposed marriage complies with all applicable federal, state, and local laws, including Alabama statutes;

b. The marriage does not create a threat to the safety, security, or orderly operation of the facility;
 

c. The marriage does not interfere with any ongoing criminal investigation, prosecution, or judicial proceeding;
 

d. The marriage does not impose unreasonable staffing, logistical, or financial burdens on RCDC;
 

e. The marriage is entered into voluntarily by both parties without coercion, duress, or undue influence.

11.5.4 Application Process

a. The detainee shall submit a written request via the detainee kiosk system;

b. The request must include:

• Full legal name of the intended spouse;

• Statement affirming voluntary intent to marry;

c. Requests shall be forwarded to the Chief Jail Administrator or designee;

d. The non-incarcerated intended spouse must:

• Contact Jail Administration directly;

• Provide valid identification;

• Submit written confirmation of intent to marry;

• Affirm under acknowledgment that the request is voluntary and free from coercion;

e. Jail Administration shall document all communications related to the request;

f. All denials shall be issued in writing and maintained in the detainee’s file.

11.5.5 Review and Verification

The Chief Jail Administrator or designee shall:

a. Verify the detainee’s custody status (Municipal, State, or Federal);

b. Notify and consult with the appropriate court(s) of jurisdiction to identify any legal objections, including:

• Victim involvement;

• Witness status;

• Co-defendant relationships;

• Protective orders or no-contact conditions;

c. Require all objections from courts or law enforcement agencies to be submitted in writing;

d. For Federal detainees:

• Obtain written authorization from the appropriate federal authority (e.g., U.S. Marshals Service);

• Deny the request in the absence of such authorization;

e. Conduct a review for PREA-related concerns, including any indication of coercion, manipulation, or abuse of authority.

11.5.6 Evaluation Criteria

The Assistant Jail Administrator shall evaluate and document the decision based on:

a. Legal eligibility under Alabama marriage law;
 

b. Institutional safety and security risk assessment;
 

c. Operational impact on staffing and facility resources;
 

d. Impact on the administration of justice;
 

e. Verification that both parties are acting voluntarily and without coercion;
 

f. Any history of domestic violence, protective orders, or victim-related concerns.

11.5.7 Decision and Notification

a. All decisions shall be documented and issued in writing;

b. If denied:

• Specific, articulable reasons for denial shall be provided;

• The detainee shall be informed of the right to appeal through the grievance process;

c. If approved:

• Written approval shall be provided;

• The detainee shall be advised that approval does not grant special privileges, including conjugal visits;

d. All approvals and denials shall be retained for administrative review and audit purposes.

11.5.8 Marriage Documentation Process

a.  In accordance with the Code of Alabama 30-1-9.1:

• Marriage licenses are not issued;

• A completed and notarized Alabama marriage certificate form constitutes a valid marriage record;

b. The non-incarcerated party shall:

• Complete the required marriage certificate form;

• Submit the form to Jail Administration for processing;

c. Jail Administration shall:

• Verify the identity of both parties;

• Witness the detainee’s signature;

• Arrange for notarization by a licensed Alabama Notary Public;

d. The completed document shall be returned to the appropriate probate office for recording;

e. RCDC shall not assume responsibility for filing fees or delivery of documents unless otherwise approved.

11.5.9 Restrictions

a. Marriages between detainees are prohibited;

b. Conjugal visits and special accommodations are not permitted;

c. Marriage shall not be used to circumvent facility rules, classification decisions, or court orders;

d. RCDC reserves the right to delay, suspend, or deny any request based on security concerns, operational needs, or credible evidence of coercion or fraud.

11.5.10 Appeals

a. Detainees may appeal a denial through the established grievance procedure;

b. Appeals must clearly state the basis for reconsideration;

c. Final determinations by Jail Administration shall be documented and retained.