Current through Register Vol. 50, No. 9, September 20, 2024
A. Purpose-to state the general guidelines
regarding department policies aimed at maintaining informative relationships
with the public, the media and other agencies.
B. Applicability-deputy secretary,
undersecretary, chief of operations, regional wardens, wardens, Director of
Probation and Parole, Director of Prison Enterprises and communications
director. Each unit head shall develop procedures to facilitate interaction
with the public, the media, and other agencies and is responsible for ensuring
that appropriate unit written policy and procedures are in place to comply with
the provisions of this regulation and to inform employees and offenders of its
contents.
C. Policy. It is the
secretarys policy to maintain a cooperative and responsible relationship with
and to inform the public, media and other agencies concerning department
operations, accomplishments, challenges and critical incidents. News media
inquiries shall be responded to in an accurate and timely manner, consistent
with the security, public safety and the privacy interests of the department,
its staff and offenders. All legitimate news media organizations shall be
allowed reasonable access to the states correctional facilities unless security
considerations dictate otherwise.
D. Definitions
Commercial Production-freelance
photographers, writers and film makers who intend to sell their work product
(including uncommitted documentaries) for profit to other companies.
Credentials-for purposes of
identification, both photo identification, such as a valid drivers license, and
identification (ID) card issued by the reporters place of employment shall be
required. In the absence of employee ID cards, the department reserves the
right to verify all identification and to refuse admittance when such
identification is found to be suspect.
Designated Spokesperson-an individual
employee that has been given permission to speak to the media on behalf of the
department, institution, or Probation and Parole Office. These persons are
granted permission to speak to the media by the unit head.
News Media-any accredited agency that
gathers and reports news for a general circulation newspaper, news magazine,
national or international news service or radio/television news program. This
includes newspapers, publications, television/radio stations and internet news
services. Authors or freelance journalists who are researching and/or writing
articles about corrections or criminal justice topics must provide credentials
to verify their association with a legitimate news/media organization.
News Release-a written statement
concerning an issue, event or situation for which the department wishes to make
a permanent record for widespread dissemination.
On Record Correspondence-official and
quotable communication or information dissemination on behalf of the Department
of Corrections with any media or news outlet.
E. Release of Information
1. The secretary shall have discretion to
grant or deny an interview request.
2. Information regarding non-restrictive
departmental operations, policies, procedures, etc. shall be released through
the communications director.
3.
Departmental news releases shall be disseminated through the communications
director. Unit specific news releases shall be submitted to the communications
director for review and approval prior to dissemination.
4. The unit head or his designee shall inform
the communications director of any and all news media requests. The
communications director shall advise and assist the unit head or designee in
all matters, responses, and information dissemination related to such
requests.
5. Any on record
correspondence with local, state, national or international media, whether in
person, telephone, or writing, must first be approved by the communications
director, the secretary or the executive counsel.
6. The reporting of unusual occurrences shall
be made in accordance with established policy and procedures. In addition, the
secretary, chief of operations and communications director shall be made aware
as soon as possible of any incidents involving offenders under the supervision
of the Division of Probation and Parole.
7. Unless specifically assigned to do so by
the unit head, other departmental employees shall not make statements on behalf
of the unit or the department. Staff shall refer all media inquiries to the
unit head or designee.
F. Release of Data
1. In conjunction with the secretary and
communications director, and in accordance with the requirements of Section E,
units will proactively communicate with the news media regarding escapes,
incidents of serious violence, riots, or other disturbances which result in
fatalities, major injuries, major property damage or any other serious
disruption of prison operations.
2. Upon request from a news media
representative, information regarding an offender shall be released in
accordance with established policy and procedures.
3. Information regarding psychiatric, medical
or juvenile criminal histories of offenders cannot be released. Additionally,
pursuant to
R.S.
46:1844(W)(1)(a), the name,
address or identity of crime victims who, at the time of the commission of the
offense were minors under 18 years of age, or who were victims of sex offenses,
regardless of the date of commission of the offense, cannot be
disclosed.
G. General
Procedures
1. Unit procedures shall address
emergency and non-emergency responses to the news media and include, at a
minimum, the following:
a. identification of
areas in the unit that are accessible to news media representatives;
b. contact person for routine requests for
information;
c. identification of
data and information protected by federal or state privacy laws, or federal and
state freedom of information laws;
d. special events coverage;
e. news release policy; and
f. designated staff authorized to speak with
the news media (which shall be submitted to the communications director each
time the staff list is updated).
2. Inquiries from legislative and executive
bodies shall be referred to the secretarys office.
H. General Population and Offender Interviews
1. News media wishing to interview an
offender shall submit a request to the unit head indicating whom they want to
interview and the nature of the story. The request shall be submitted on
official letterhead. Such requests must be made within a reasonable time frame,
considering the scope of the story and the units ability to adequately prepare
for the visit. The unit head or designee shall submit all inmate interview
requests to the communications director for consideration. The unit head or
designee shall facilitate interview requests upon the approval of the
communications director.
2.
Interviews of offenders shall be considered on a case by case basis at the sole
discretion of the communications director.
3. Offenders may be eligible to be
interviewed by the media under the following conditions:
a. assigned to general population (not to
include initial reception unless a pressing need request is approved by the
secretary);
b. required to sign an
offender media release form. Because interviews are voluntary, the offender has
the right to refuse to be interviewed, photographed or recorded by the media.
The written release or decision not to be interviewed shall be filed in the
offender's master prison record;
c.
receive no compensation or anything of value (monetary or through enhanced
status) in exchange for, or as a result of, the interview.
4. In general, interviews with offenders
housed in maximum custody areas for behavior problems and/or poor conduct
records and offenders convicted of sexual offenses are strongly
discouraged.
5. Any request to
interview an offender may be denied on the basis of security, public safety,
medical or other administrative reason including, but not limited to the
following:
a. the news media representative
or news organization which is represented does not agree to the conditions
established by the department and the warden;
b. the news media representative or news
organization has, in the past 12 months, failed to abide by any required
conditions;
c. the offender is
physically or mentally unable to participate;
d. the interview, in the opinion of the
warden, would endanger the health or safety of the interviewer, media crew,
facility, offender, or could cause serious unrest or disrupt the operation of
the facility;
6.
Telephone interviews with an offender are prohibited.
NOTE: Exceptions may be authorized and require the approval
of both the communications director and the warden or designee.
I. Rules for
Media in Prisons
1. All media representative
must have prior approval to visit an institution.
2. Live broadcasts by television or radio
(other than KLSP) are prohibited within correctional facilities, unless
specifically authorized by the secretary.
3. Interviews shall take place on prison
grounds in an area outside of offender living areas.
4. Interviews shall take place in view of a
departmental employee for the safety of the media representative. The warden or
designee reserves the right to terminate any interview or coverage within the
facility should a disturbance or disruption occur.
5. All media visitors shall be provided with
an escorting staff member for the duration of the visit.
6. Interviews may be recorded by video,
audio, notes or other methods with prior approval of the warden and the
offender to be interviewed.
7. Only
one media organization may be allowed to interview an offender at any given
time. News conferences are not permitted for offenders.
8. A media representative shall give written
approval to allow the department the opportunity to respond to any allegations
which might be published or broadcast prior to distribution.
9. The warden or designee may suspend all
media visits during an institutional crisis or critical incident. The warden or
designee shall periodically brief all media on the situation. A media briefing
center may be established at a remote location.
10. Failure by a news media representative to
comply with the rules of this regulation constitutes grounds for denying the
representative and/or the representative's agency permission to conduct the
interview or any other interviews for a 12-month period.
J. Death Row and Executions
1. Death Row offenders must have their
attorneys written approval prior to an interview, photograph and/or audio or
video recording.
2. Media access
preceding and following an execution shall be in accordance with established
policy and procedures.
K. Procedures for Commercial Productions or
Non-News Media
1. Unit access by independent
filmmakers, writers for non-news magazines and others may be permitted by
special advance arrangement and with the approval of the secretary and unit
head.
2. All commercial production
staff are required to make a written request to the unit head for access.
Written requests shall include, at a minimum, the following information, as
applicable:
a. name, job title and employer of
person requesting visit (if freelance, the organization represented);
b. topic of story, where it will be used and
for what purpose;
c. name of
individual(s) to be interviewed;
d.
date and time of arrival and anticipated duration;
e. name of all persons accompanying
requestor;
f. if applicable, a hold
harmless clause: "I recognize a visit to a correctional facility may present
certain risks/hazards. I agree to assume all ordinary and/or usual risks to my
personal safety inherent in a visit to an institution of this type."
3. Written requests shall be
forwarded to the secretary for final review prior to project
commencement.
4. All commercial
productions are required to read, understand and sign a commercial production
location agreement form upon their arrival at the unit. The unit head or
designee may require review of the material prior to distribution solely to
insure that it comports with the agreement.
L. Exceptions
1. The secretary or designee may make exceptions to specific
sections of this regulation. Requests for exceptions, and the reasons
therefore, shall be directed to the secretary for
consideration.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 49.950 and American Correctional
Association (ACA) Standards 2-CO-1A-25 through 27-1 (Administration of
Correctional Agencies) 4-4019 through 4-4021 (Adult Correctional
Institutions).
