Section 3261.5 - Routine Media interviews(a) Definitions. (1) "News media representative" is a journalist who works for, or is under contract to, a newspaper, magazine, wire service, book publisher, website, podcast, radio or television program or station or who, through press passes issued by a governmental or police agency, can demonstrate that they are a bona fide journalist engaged in the gathering of information for distribution to the public.(2) "Non-news media representatives" means individuals in the publishing and broadcasting media not included in subsection 3261.5(a)(1), and may include editorial researchers, freelance writers, authors of books and independent film makers involved with the production of broadcast or print endeavors including, but not limited to, features, documentaries, commercials, and pilots for proposed news, or entertainment programs.(b) News media and non-news media representatives shall be allowed to interview incarcerated persons in person in accordance with the visiting requirements of sections 3170 through 3176.3. (1) No incarcerated or supervised person may have their visitation limited or revoked solely because of a visit or potential visit from a news media or non-news media representative, nor may an incarcerated or supervised person be punished, reclassified, disciplined, transferred to another prison against their wishes, or otherwise retaliated against, solely for participating in a visit by, or communicating with, a news media or non-news media representative.(2) During an interview conducted pursuant to subsection 3261.5(b), news media and non-news media representatives shall be allowed to bring up to three (3) pens, three (3) pencils and one (1) pad of paper into the facility. These items shall be searched to protect against an immediate and direct threat to the security of the institution.(c) Incarcerated person telephone calls to news media and non-news media representatives shall be allowed in accordance with section 3282 and may be recorded by the media representative with the incarcerated person's consent.(d) Except as provided by subsection 3261.5(b), access by news media and non-news media representatives to department institutions, contract facilities and equipment requires prior approval pursuant to the provisions in subsection 3261.1(a). (1) Non-news media representatives must provide proof of employment by a bona fide publication or production company, or have evidence that such a company has contracted to purchase the completed project prior to approval.(2) Non-news media representative requests for access to departmental facilities, on-duty staff or incarcerated persons shall include project and production details as necessary to determine security and operational impacts.(3) Non-news media representative film productions require a California Film Commission permit, along with evidence of financial responsibility and general and automobile liability insurance in an amount not less than $1 million indemnifying and defending the State of California, its officers, employees and agents against any lawsuits. Automobile liability insurance is not required if no vehicles are used in or for filming. Statutory Workers Compensation and Employers' Liability is also required. If a company has no employees, a Workers Compensation waiver letter must be submitted to the California Film Commission.(e) News media and non-news media representatives may be allowed access to a restricted housing unit with the prior approval of the institution head. (1) Access to any secured area where lethal weapons are maintained requires the prior approval of the institution head.(2) The institution head may allow access to an area outside the secure perimeter of a facility to news media representatives.(f) News media and non-news media representatives may be permitted random face-to-face interviews with incarcerated or supervised persons housed in facilities under the jurisdiction of the department, and random or specific-person face-to-face interviews with staff. Such interviews shall be conducted as stipulated by the institution head, including restricting the time, place and duration of interviews, and size of technical crews. (1) Random interviews of individuals involved in a specific activity or program, or encountered while covering a facility activity or event shall be limited to the time, areas and segments of the facility population designated by the institution head.(2) Incarcerated persons may not participate in specific-person face-to-face interviews except as provided in subsection 3261.5(b).(g) Use of cameras or recording equipment shall require prior approval of the institution head or designee. Photographs, films or video recording of incarcerated persons shall be allowed in accordance with section 3261.7.(h) The news media and non-news media representatives or their organization(s) may be required to pay the security or escort costs provided for the interview.(i) No incarcerated person, supervised person or staff shall be interviewed against their will.(j) CDCR Form 146 (Rev. 07/24), Incarcerated Person Declaration To News Media Contact, shall be completed whenever an incarcerated person is the subject of an interview, still photograph, motion picture or other recording intended for use by a television or radio station, or newspaper, magazine or other publication.(k) One employee shall witness the incarcerated person's signature on the completed CDCR Form 146.(l) Incarcerated persons under 18 years of age shall not be photographed, filmed or video recorded.Cal. Code Regs. Tit. 15, § 3261.5
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code; and Pell v. Procunier, 94 S.Ct. 2800 (1974).
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code; and Pell v. Procunier, 94 S.Ct. 2800 (1974).
1. New section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
3. Amendment of subsection (a), repealer and new subsection (a)(2), amendment of subsection (d), repealer of subsection (e)(1) and subsection relettering, new subsection (f) and amendment of Note filed 4-8-96 as an emergency; operative 4-8-96 (Register 96, No. 15). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 9-15-96 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-8-96 order transmitted to OAL 9-13-96 and disapproved 10-28-96 (Register 96, No. 44).
5. Amendment of subsection (a), repealer and new subsection (a)(2), amendment of subsection (d), repealer of subsection (e)(1) and subsection relettering, new subsection (g) and amendment of Note filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 4-6-97 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-28-96 order transmitted to OAL 3-3-97 and filed 4-14-97 (Register 97, No. 16).
7. Amendment filed 8-29-2008; operative 9-28-2008 (Register 2008, No. 35).
8. Amendment of subsections (a)(1) and (d)(3) filed 3-21-2022; operative 7/11/2022 (Register 2022, No. 12). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
9. Amendment of subsection (e) filed 10-24-2023 as an emergency; operative 11/1/2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (e) refiled 4-8-2024 as an emergency; operative 4/11/2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.
11. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
12. Certificate of Compliance as to 4-8-2024 order transmitted to OAL 6-18-2024 and filed 7/31/2024 (Register 2024, No. 31).