291-039-0015 Request for Release of Information (1) Any person, including the news media, may request information about Department programs, services, facilities, employees, volunteers, inmates, and offenders. (2) Each functional unit manager, in consultation with the Communications Manager, will designate one or more employees to serve as the public information officer(s). The functional unit manager may perform this function if he/she desires. (3) Upon request, information listed on the Offender Public Information screen regarding inmates and offenders may be released by the designated staff at Department facilities. Staff shall act in their official capacity only when releasing this information. (4) Inmate/offender photographs may be released when the release will enlist public assistance in apprehending fugitives from justice and/or the release will not interfere with other law enforcement efforts. Employees, contractors, and authorized volunteers have a responsibility to volunteer such inmate/offender related information to an inmate's/offender's employer and other law enforcement agencies when, in their professional judgment, the public's right to know outweighs the individual's right to privacy, because public safety may be in jeopardy based on an analysis of the inmate's/offender's actions or criminal history. (5) Request for other than the routine information listed above will be referred to the unit's public information officer. (6) If the information request involves questions of Department policy, major issues or news developments, the unit's public information officer will direct such requests to the Director or the Communications Manager. (7) If death or serious injury has occurred, the names of inmate(s), offender(s), or victim(s) will not be released until the next of kin have been notified and, where applicable, the cause of death will not be released until the death certificate has been signed. (8) Inmate/offender presentence reports are not public records. The presentence report, or any reports based on the contents of that report, may be made available to the victim by Department of Corrections employees in accordance with the provisions in ORS 137.077. (9) Request for information concerning a current or former contractor(s) will be referred to the Department of Corrections Purchasing Unit for response. (10) Request for information concerning a current or former employee(s) or volunteer(s) will be referred to the Department's Human Resource Section for response. Employment reference checks concerning a current or former employee(s) or volunteer(s) will be referred to the supervisor of the current or former employee(s) or volunteer(s) for response. (11) Request for release of records and copies of such records will be handled in accordance with the Department's rule on Release of Public Records (OAR 291-037). (12) No Department employee will issue an official Department of Corrections press release, schedule an official press conference, or hold an official media event without prior approval from the Director or the Communications Manager. (13) Employees shall not, without written authorization from the Director or the Communications Manager, make written or oral statements, in what he/she gives others reasonable grounds to believe to be an official capacity, where the effect of such statements would be to impair or diminish the security, supervision, discipline, or the orderly and effective operation of any Department facility or program. (14) Employees desiring to provide DOC public information as defined in these rules that they wish to make public through the news media must notify the functional unit's public information officer or the Communications Manager before contacting news media representative(s). (15) Employees who are not authorized to make public statements as official Department representatives are not restricted in their access to the news media, but must clearly specify in contacting the media that they are not official Department representatives and are speaking solely on their own behalf rather than on behalf of the Department. (16) Community Corrections: (a) Community corrections employees in counties have access to the statewide Corrections Information System. Information listed on the Public Information screen regarding inmates and offenders may be released. Staff shall act in their official capacity only when releasing this information. (b) If, in the interest of public safety, information other than that listed should be released to an employer or law enforcement agency, then that release of information must be documented in the case file. Documentation must include the information released, the person or agency who received the information, and the public safety reason for the release. (c) If a county employee wishes to release inmate or offender information other than routine information or information related to the protection of public safety, the county shall receive approval from the Assistant Director for Community Corrections. Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075 History: DOC 13-2009, f. & cert. ef. 7-14-09 Reverted to CD 1-1998, f. 1-23-98, cert. ef. 2-1-98 DOC 29-2008(Temp), f. & cert. ef. 12-16-08 thru 6-12-09 CD 1-1998, f. 1-23-98, cert. ef. 2-1-98 CD 15-1993, f. 6-7-93, cert. ef. 6-25-93 CD 25-1990, f. & cert. ef. 12-4-90 CD 52-1986, f. & ef. 11-20-86 CD 45-1985, f. & ef. 8-16-85 CD 2-1983, f. & ef. 1-4-83 CD 12-1979, f. & ef. 5-17-79