Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 131.00 - News Media Relations › Section 131.10 - On Site Interviews of Inmates in Correctional Institutions

Current through Register 1525, July 5, 2024
The Department shall provide for reasonable access to offenders
				by the news media representative subject to the following conditions:
(1) Once an interview between the news media
			 representative and an inmate is approved, the director of public affairs shall
			 notify the director of victim services so that appropriate notification can be
			 made to any certified petitioners.
(2) In the interests of safety and security,
			 an in-person interview by a representative of the news media shall not be
			 permitted for any in mate whose visiting privileges have been suspended. Such
			 inmates shall not be denied access to the news media, but may communicate only
			 through written correspondence or outgoing collect telephone calls when
			 permitted. In-person interviews between an inmate and a representative of the
			 news media may only be conducted with inmates who would otherwise be permitted
			 to visit with members of the general public and shall be conducted under the
			 security level requirements of the facility where that inmate is
			 incarcerated.
(3) On site
			 interviews of inmates in the DDU or segregation units may be permitted
			 consistent with the safety and security needs of the particular correctional
			 institution and the visiting restrictions of the particular segregation unit
			 (
e.g
. one hour duration).
(4) Interviews may be permitted with more
			 than one inmate within a correctional institution consistent with the need to
			 maintain security and order within a correctional institution. However, such
			 interviews shall be required to take place with only one inmate at a
			 time.
(5) Based upon concerns for
			 the safety, security and order of the institution, inmate interview requests
			 involving video, on- camera interviews, tape recordings and the taking of
			 photographs, whether still or video, by a news media representative inside a
			 correctional institution shall be considered on a case-by-case basis and
			 require advance approval from the Commissioner. The taking of photographs,
			 whether still or video, by a news media representative that identify an inmate
			 shall require the inmate's consent and the Commissioner's prior approval.
			 Approved materials are for use by the news media only and are not permitted to
			 be possessed or retained by any inmate. Live on-camera and audio interviews are
			 strictly prohibited.
(6) News media
			 representatives interested in interviewing an inmate on site at a correctional
			 institution must initiate contact with said inmate by obtaining Form 1-DOC News
			 Media Agreement Form and Form II - DOC Media Waiver Form from the director of
			 public affairs or from the Department's Website (
http://www.mass.gov/doc/policy
(attached to News Media Relations regulation)) or by obtaining written consent
			 in the form of a letter from the inmate. Both forms shall be completed in part
			 by the news media representative and sent directly to the inmate for his/her
			 consent to participate in the interview. It is then the inmate's responsibility
			 to complete the forms and forward them to the news media representative. If the
			 inmate consents to the interview, the news media representative shall forward
			 the completed forms to the director of public affairs for the director of
			 communications and outreach's recommendation and superintendent's and
			 Commissioner's approval. Each superintendent shall maintain a file for signed
			 forms, and a copy of the signed form shall be placed in the inmate's case file
			 .
(7) Regardless of an inmate's
			 consent to be interviewed by a news media representative within a correctional
			 institution, access to a correctional institution may be denied as provided in
			 103 CMR
			 131.09.
(8) Interviews shall be scheduled at times
			 that are convenient to the superintendent and the news media representative.
			 Consistent with the safety, security and operational needs of the correctional
			 institution, a correctional employee shall be present for the duration of any
			 interview. In addition, a scheduled interview may be cancelled or an interview
			 in progress may be terminated based on the operational/administrative needs of
			 the facility or as dictated by safety or security concerns. The duration of an
			 interview is no more than one hour.
(9) When leaving the correctional
			 institution, any personal notes or work product prepared under
			 103 CMR
			 131.08 by representatives of the news media
			 including tape and film as permitted by
			 103 CMR
			 131.00
et seq
. may be inspected for
			 concealed articles but shall not be read or reviewed by any officers or
			 employees of the institution or Department.
(10) Inmates are prohibited from calling for
			 or participating in a news conference or on a talk show. In addition, inmates
			 are prohibited from making three-way calls to engage in news media interviews
			 of any kind .
(11) Interviews are
			 strictly prohibited while an offender is out of the correctional facility,
e.g
., an outside hospital, court, parole board
			 hearing.
(12) No inmate may accept
			 monetary compensation either directly or indirectly for consenting to any
			 interview granted.