Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 131.00 - News Media Relations
Section 131.09 - Evaluation of Access Request

Universal Citation: 103 MA Code of Regs 103.131

Current through Register 1531, September 27, 2024

(1) Each request for news media access to a correctional institution shall be directed to the director of public affairs and be evaluated by the director of communications and outreach. Such request shall be in writing and shall include :

(a) The name of the publication or electronic broadcast;

(b) The nature of the proposed news item;

(c) The method of coverage and the type of equipment requested for the proposed coverage;

(d) The names of all those requesting access to the facility. When practicable, all names shall be provided to the director of public affairs at least 48 hours prior to the requested visit.

(2) The decision on whether to approve or deny the request shall include, but not be limited to, the following factors:

(a) Whether the interview may pose a safety and/or security concern for the staff, the inmate, other inmates or if the request otherwise disrupts the orderly operation of a correctional institution, or impacts other legitimate penological interests;

(b) Whether an inmate is awaiting action or under investigation at the time of the request or the inmate is within the first 90 days of incarceration;

(c) Whether the inmate is in the Department Disciplinary Unit (DDU) or a segregation unit;

(d) Whether, during a disturbance and for a reasonable time thereafter, in the opinion of the superintendent as conveyed to the Commissioner, the presence of a news media representative would be operationally unreasonable and unsafe, would pose a burden to the orderly operation of the institution, or would exacerbate the disturbance;

(e) Whether a news media representative has forfeited the privilege to enter a correctional institution for failure to follow the procedures set forth in 103 CMR 131.00;

(f) Whether the news media representative has violated any rule, regulation, or procedure governing the conduct of visitors inside a correctional institution;

(g) Whether there is litigation pending in the state or federal courts, whether criminal or civil in nature, discussion of which could prejudice the due administration of justice.

(3) Where access is denied, reasons for such denial shall be provided in writing by the director of public affairs upon receipt of a written request seeking the reasons for denial from a representative of the news media or from an inmate.

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