Current through August, 2024
|
SUBJECT AREA |
EFFECTIVE DATE: |
|
950-999 Civil Rights and Opportunities |
|
UNITS AFFECTED: All Correctional
Facilities |
INTRODUCTION
Free expression, and the diffusion of pertinent information
among residents, staff and the community can be helpful rehabilitative tools.
Resident publications such as newspapers, magazines or newsletters may play a
positive role in this process. The Department therefore is willing to consider
requests for resident publications subject to cost factors and provided
specific articles do not pose a threat to security, order and programs.
OBJECTIVES
To provide uniform guidelines for the initial approval to
publish and subsequent regulation of resident publications.
GROUP SERVED
All residents and all facilities.
POLICY DESCRIPTION
From time to time, authority to publish resident authored
newspapers, newsletters, magazines and similar periodicals is requested. These
proposed publications often require State financial support either by direct
grants or supervision by Department personnel or both. Uniform guidelines are
necessary for the evaluation of requests to publish and ongoing regulation of
approved periodicals within the requirements of applicable law.
A. NEW PUBLICATIONS
No new resident newspaper, newsletter, magazine or similar
periodical may commence operation without specific written approvel by the
Superintendent of the facility concerned and the Commissioner of Corrections. A
request for approval to publish shall include at least the following:
1. Name of the proposed publication and a
description of its purpose and the anticipated readership field.
2. Names of residents proposed as editors or
chief officers and the method by which replacement editors or officers will be
chosen.
3. A description of what
services the proposed publication offers which are not provided by existing
resident or Department publications.
4. An estimate of cost to the Department of
the proposed publication, including but not limited to reproduction, materials,
distribution expenses and time required for employee supervision.
If the Commissioner approves publication, operations may
commence subject to the publication guidelines set forth below.
B. GUIDELINES FOR
APPROVED PUBLICATIONS
1. Any resident
periodical approved for publication which ceases publication may not resume
operations without written approval of the Commissioner. Failure to publish an
issue of an approved resident periodical for six consecutive months shall be
deemed a cessation of operations.
2. The Superintendent of each facility having
a resident periodical shall establish an advisory committee for the publication
within the facility consisting of at least two staff members. This committee
will provide advice and assistance to the resident publication staff and review
each issue prior to publication to insure that it does not contain material
constituting a threat to security, order and rehabilitation, and that the
publication is otherwise in order (e.g. contains the disclaimer specified
below). The committee shall normally complete this review within fifteen days
after submission of the proposed publication. If the committee finds that all
or a part of the publication is a threat to security, order and program of the
facility, then the editors will be provided a written explanation of the
reasons and publication may be temporarily halted. The editors may, within
fifteen days, appeal this determination to the Superintendent who will affirm
or reverse in whole or in part the decision of the committee within fifteen
days of receipt of the appeal. If no appeal is taken within the allotted time
the decision of the committee shall be final. If the decision of the
Superintendent on appeal is adverse to the editors, they may within fifteen
days appeal to the Commissioner who shall make a final determination. If no
appeal is taken from the decision of the Superintendent within the allotted
time, his decision shall also be final.
3. The Commissioner may, in his discretion,
permit appeals by editors to be filed later than the allotted time. In case of
serious institutional emergency, the time permitted for review at the facility
level may be extended by the supervising officer until termination of the
emergency.
4. Within the procedural
framework discussed above, the following rules shall apply:
a. No material will be suppressed unless it
presents a threat to security, order and rehabilitation.
b. No publication will be permitted
regardless of content unless it contains the following disclaimer prominently
displayed on the first page: "Any article, editorial or other writing appearing
herein should not be considered the policy or opinion of the Commissioner of
Corrections, the Vermont Department of Corrections, the (name of facility), or
any other Department or State official or employee."
5. The Supervising Officer of each Department
facility shall annually at the time he submits his initial budget proposal to
the Commissioner, present a complete analysis of present and anticipated annual
costs to the Department of each resident publication then in existence at his
facility. As a minimum this analysis shall include costs of reproduction,
materials, distribution and time required for employee supervision. Following
consideration of this information a decision will be made concerning what if
any resident publications shall continue to receive Department approval and
support for the next budgeted fiscal period.
Cornelius Hogan, Commissioner
LEGAL REFERENCE
T.
28
V.S.A., Sec. 102(b)(2)
T.
28
V.S.A., Sec. 102(c)(1)
T.
28
V.S.A., Sec. 601(7).
Statutory Authority:
28
V.S.A. §§
102,
601
