On Site Interviews of Inmates in Correctional Institutions

TheDepartment shall provide for reasonable access to offenders by the news media representative subject to the following conditions: (1) Once an interview between the news media representative and an inmate is approved, the director of public affairs shallnotifythe director of victim services so that appropriate notification can be made to any certified petitioners. (2) Inthe interests of safety and security, an in-person interview by a representative of the news media shall not be permitted foranyinmate whose visiting privileges have been suspended. Such inmates shall not be denied access to the news media, but may communicate only through written correspondence or outgoing collect telephone calls when permitted. In-person interviews between an inmate and a representative of the news media may only be conducted with inmates who would otherwise be permitted to visit with members of the general public and shall be conducted under the security level requirements of the facility where that inmate is incarcerated. (3) On site interviews of inmates in the DDU or segregation units may be permitted consistent with the safety and security needs of the particular correctionalinstitutionand the visiting restrictions of the particular segregation unit (e.g. one hour duration). (4) Interviews may be permitted with more than one inmate within a correctional institution consistent with the need to maintain security and order within a correctional institution. However, such interviews shall be required to take place with only one inmate at a time. (5) Based upon concerns for the safety, security and order of the institution, inmate interview requests involving video, on- camera interviews, tape recordings and the taking of photographs, whether still or video, by a news media representative inside a correctionalinstitutionshallbeconsidered ona case-by­ case basis and require advance approval from the Commissioner. The taking of photographs, whether stillor video, bya news media representative that identify an inmate shall require the inmate’s consent and the Commissioner’s prior approval. Approved materials are for use by the news media only and are not permitted to be possessed or retained by any inmate. Live on-camera and audio interviews are strictly prohibited. (6) News media representatives interested in interviewing an inmate on site at a correctional institution must initiate contact with said inmate by obtaining Form 1-DOC News Media Agreement Form and Form II - DOC Media Waiver Form from the director of public affairs or from the Department’s Website (http://www.mass.gov/doc/policy (attached to News Media Relations regulation)) or by obtaining written consent in the form of a letter from the inmate. Both forms shall be completed in part by the news media representative and sent directly to the inmate for his/her consent to participate in the interview. It is then the inmate’s responsibility to complete the forms and forward them to the news media representative. If the inmate consents to the interview, the news media representative shall forward the completed forms to the director of public affairs for the director of communications and outreach’s recommendationand superintendent’sand Commissioner’s approval. Each superintendent shall maintain a file for signed forms, and a copy of the signed form shall be placed in the inmate’s case file. (7) Regardless of an inmate’s consent to be interviewed by a news media representative within a correctional institution, access to a correctional institution may be denied as provided in 103 CMR 131.09. (8) Interviews shall be scheduled at times that are convenient to the superintendent and the news media representative. Consistent with the safety, security and operational needs of the correctional institution, a correctional employee shall be present for the duration of any interview. In addition, a scheduled interview may be cancelled or an interview in progress may be terminated based on the operational/administrative needs of the facility or as dictated by safety or security concerns. The duration of an interview is no more than one hour. (9) When leaving the correctional institution, any personal notes or work product prepared under 103 CMR 131.08 by representatives of the news media including tape and film as permitted by 103 CMR 131.00 et seq. may be inspected for concealed articles but shall not be read or reviewed by any officers or employees of the institution or Department. (10) Inmates are prohibited fromcallingfor or participating in a news conference or on a talk show. In addition, inmates are prohibited from making three-way calls to engage in news media interviews of any kind. (11) Interviews are strictly prohibited while an offender is out of the correctional facility, e.g., an outside hospital, court, parole board hearing. (12) No inmate may accept monetary compensation either directly or indirectly for consenting to any interview granted.