No. 29060 (Amendment): R251-106-3. Standards and Procedures

DAR File No.: 29060
Filed: 09/19/2006, 09:20
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to define the Utah Department of Corrections (UDC) policy under which persons representing the news media shall be allowed access to correctional institutions, inmates, and other supervised offenders, and define UDC actions when a need exists for the safeguarding of information.

Summary of the rule or change:

The rule changes are limited to adding the positions of the Warden, and the Associate Warden to those listed in the rule which have the authority to interact with the news media.

State statutory or constitutional authorization for this rule:

Sections 63-46a-3, 64-13-17, 63-2-102, and 77-19-11

Anticipated cost or savings to:

the state budget:

There are no costs or savings associated with the rule amendment as the change simply adds two more individuals to the list of individuals authorized to interact with the media.

local governments:

There are no costs or savings associated with the rule amendment as the change simply adds two more individuals to the list of individuals authorized to interact with the media.

other persons:

There are no costs or savings associated with the rule amendment as the change simply adds two more individuals to the list of individuals authorized to interact with the media.

Compliance costs for affected persons:

The rule amendments will not result in a compliance cost to any affected persons because the amendment does not mandate any compliance. The amendment simply makes it easier to interact with the media.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact from the amendments to this rule. Scott Carver, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Corrections
Administration
14717 S MINUTEMAN DR
DRAPER UT 84020-9549

Direct questions regarding this rule to:

Gary Ogilvie at the above address, by phone at 801-545-5514, by FAX at 801-545-5523, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/14/2006

This rule may become effective on:

11/21/2006

Authorized by:

Scott V. Carver, Executive Director

RULE TEXT

R251. Corrections, Administration.

R251-106. Media Relations.

R251-106-3. Standards and Procedures.

(1) It is the policy of the UDC to permit press access to facilities, inmates, supervised offenders and information. Access shall be:

(a) consistent with the requirements of the constitutions and laws of the United States and State of Utah;

(b) at a level no more restrictive than that allowed the general public.

(2) Access by news media members shall be restricted:

(a) when the UDC finds it necessary to further its legitimate governmental interests, or to maintain safety, security, order, discipline and program goals;

(b) to conform with statutory and constitutional privacy requirements as interpreted by binding case precedent;

(c) when information or access would be contrary to state interests on matters under litigation; or

(d) to safeguard the privacy interests of those under the supervision of the UDC.

(3) The UDC shall make all reasonable efforts to see that the public is kept informed concerning its operations by:

(a) participating and cooperating with the news media to communicate the UDC's mission, goals, policy, procedures, operation, and activities;

(b) providing information in a timely manner, while avoiding disruption or compromise of the UDC's legitimate interests; and

(c) releasing information in accordance with the policy, procedures and requirements of law to provide the public with knowledge about:

(i) UDC philosophy, operations and activities; and

(ii) significant issues and problems facing the UDC.

(4) Inmates shall not be denied the opportunity to communicate with the news media. However, the UDC reserves the right to regulate the manner in which the communication may occur, including:

(a) defining the channels of communication and the circumstances of their use; and

(b) temporarily suspending communication during exigent circumstances including:

(i) riots;

(ii) hostage situations;

(iii) fires or other disasters;

(iv) other inmate disorders; or

(v) emergency lock-down conditions.

(5) Because the UDC faces special management problems with the prison's operation from face-to-face interviews between inmates and the news media:

(a) news media members' requests for face-to-face interviews shall be reviewed on a case-by-case basis by considering the mental competence of the inmate, pending appeals, safety, security, and management issues of the institution;

(b) requests for face-to-face interviews shall be submitted to the Director of Public Information; and

(c) interviews which the UDC determines will jeopardize its legitimate interests, or those of a prison facility, shall not be approved.

(6) Access to executions by the news media shall be consistent with the requirements of Section 77-19-11.

(7) News media members shall obtain UDC-issued media identification or shall receive special permission for access to prison property or other UDC Facilities. Special permission may be granted only by the Institutional Operations Associate Warden, Warden, or Division Director, Director of Public Information, Deputy Director, or Executive Director.

(8) No equipment shall be taken inside the facility unless specifically approved by the Institutional Operations Associate Warden, Warden, or Division Director, Director of Public Information, Deputy Director, or Executive Director. Filming or other recording visits are separate issues and involve individual consideration and decisions.

(9) Ground rules for each opportunity for facility access, filming or recording shall be determined prior to entry.

(10) Access may be terminated at any time without warning, if:

(a) the conditions, ground rules, or other regulations are violated by news media members involved in the access opportunity;

(b) an inmate disorder or other disruption develops;

(c) staff members detect problems created by the media visit which threaten security, safety or order in the facility; or

(d) other reasons related to the legitimate interests of the UDC are present.

(11) Deliberate violation of regulations or other serious misconduct during a facility visit:

(a) shall result in the temporary loss of UDC-issued media identification; and

(b) may result in the permanent loss of UDC-issued media identification.

 

KEY: corrections, press, prisons

Date of Enactment or Last Substantive Amendment: [1993]2006

Notice of Continuation: March 13, 2002

Authorizing, and Implemented or Interpreted Law: 63-2-102; 63-46a-3; 64-13-10; 64-13-17; 77-19-11