103 CMR 910.06
Requests for Information and Media Access
(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.