California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 4 - General Institution Regulations
Article 1 - Public Information and Community Relations
Section 3261.7 - Cameras and Other Audio or Visual Recording Devices

Universal Citation: 15 CA Code of Regs 3261.7

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Staff cannot prohibit a person who is not on State or leased property under CDCR's jurisdiction from photographing, filming, videotaping or otherwise recording any department facilities, employees, incarcerated persons, supervised persons or equipment.

(b) Persons are prohibited from interrupting, interfering or communicating with an incarcerated person being transported or working off facility grounds without prior authorization of the staff person in charge or institution head.

(c) Photographs, films or videotapes for other than department purposes which reveal an incarcerated person's identity may be taken within a facility subject to the following conditions:

(1) A CDCR Form 146 (Rev. 07/24), Incarcerated Person Declaration to News Media Contact, shall be completed for each incarcerated person before a photograph, film, audio recording, or videotape identifying the incarcerated person may be taken.

(2) An incarcerated person's consent is not required where individuals in such settings as an exercise yard or dining hall are not singled out or where the incarcerated person's identity is not revealed; however, before such shots are taken, incarcerated persons shall be advised so those who do not want to be recognized may turn away or leave the area.

(3) Photographs, films or videotapes revealing the identity of an incarcerated person committed to the Division of Juvenile Justice shall not be made available other than for official purposes such as an escape.

(d) Unless there is a specified threat of imminent danger to an incarcerated or supervised person by releasing their departmental identification photograph, or unless the release of their photograph could jeopardize an ongoing law enforcement investigation, news media representatives as defined in subsection 3261.5(a)(1) and non-news media representatives as defined in subsection 3261.5(a)(2) shall be permitted access to photographs without the incarcerated or supervised person's consent.

(1) Current departmental identification photographs of escaped incarcerated and supervised persons at large shall be provided without charge.

(e) Possession of any camera or other recording device within a facility is prohibited unless specifically authorized by the institution head.

(f) No camera or other recording device shall be permitted within the execution chamber area.

(1) Photographs or any other audio or visual recordings of an execution are prohibited.

(2) Media photography, filming or videotaping of the execution chamber is prohibited; however, stock department photographs and videotapes of the area are available upon request.

(g) Before photographers and camera operators enter a facility, they shall be informed of any restrictions, including that photographs or recordings are prohibited of persons without their consent and procedures, equipment or structures, which compromise security.

(h) Media access to parole hearings is governed by the California Code of Regulations, Title 15, Division 2, Sections 2031 and 2032. Requests to attend hearings must be submitted in accordance with those regulations. The Executive Officer of the Board of Parole Hearings approves news and non-news media representatives' requests to attend parole hearings and must authorize media representatives' use of cameras and recording devices at parole hearings.

(i) Any photographs, film, video tape or other recording taken within facilities in violation of these regulations shall be seized and placed undamaged, undeveloped and unviewed in a secure area. The news media or non-news media representative's supplies and equipment shall not be damaged.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 4570, 4570.1 and 5054, Penal Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 4570, 4570.1 and 5054, Penal Code.

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