Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 910.00 - County Correctional Facilities - Administration And Management
Section 910.06 - Requests for Information and Media Access

Universal Citation: 103 MA Code of Regs 103.910

Current through Register 1531, September 27, 2024

(1) Written policy and procedure shall provide that requests from federal, state, and local legislative and executive bodies for information concerning programs and specific cases are responded to promptly and fully by facility staff or the parent agency in accordance with policy and procedure and provisions relevant to rights of privacy.

(2) Written policy and procedure shall grant representatives of the media access to the facility for purposes of reporting items of public interest, consistent with the preservation of inmate privacy and the maintenance of order and security in the facility. The procedures are to include, but not be limited to, the following:

(a) a media representative shall obtain a written and signed waiver of privacy rights from each inmate whom he intends to film, tape, interview or otherwise record. The waiver must be given voluntarily and competently and on a form which clearly states that the inmate has the right to refuse to be filmed, recorded, or interviewed. The signed waiver form shall be submitted to the facility administrator for review and maintained in the inmate case record.

(b) films, photographs and video/audio recordings to be publicly shown or aired shall be edited to delete any identifiable representations of inmates who have not signed privacy waiver forms.

(c) media representatives shall be informed that the use of a film or tape without the consent of identifiable inmates may lead to liability in tort and/or forfeiture of the privilege to enter the facility, and may constitute a violation of the Criminal Offender Record Information statute, M.G.L. c. 6, §§ 167 through 178.

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