Chapter 1 – General Administration

Correctional institutions and programs are operated at public expense for the protection of society and to facilitate the successful reintegration of incarcerated people back to their communities. The public has a right to know how such facilities are operated and programs are being conducted. It is the policy of the California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) to make known to the public, through the media, through contact with public groups and individuals, and by making its public records available for review by interested persons, all relevant information pertaining to the operations of CDCRCalifornia Department of Corrections and Rehabilitation institutions. However, consideration will be given to all factors which might threaten the health and safety of the institution in any way and of those who work, live and visit them; glamorize crime or individual criminals; or unnecessarily intrude upon the personal privacy of incarcerated people and staff. Wardens, Regional Parole Administrators (RPAs), and their designees shall provide a professional bridge of communication linking the public in a transparent manner to the CDCRCalifornia Department of Corrections and Rehabilitation. 

This Article defines responsibilities for relaying information to the public by designated staff. It specifies who shall make contact with the media, how and when the media may enter facility grounds, for what purposes, and what access can be provided to news and non-news media representatives.

The purpose of CDCRCalifornia Department of Corrections and Rehabilitation’s Public Information Program is to make known to the public all relevant information pertaining to the operations of the CDCRCalifornia Department of Corrections and Rehabilitation. This occurs through the media, through the CDCRCalifornia Department of Corrections and Rehabilitation website and social media platforms, through contact with public groups and individuals, and by making its public records available for review by interested persons. CDCRCalifornia Department of Corrections and Rehabilitation’s public information efforts require an attitude of cooperation, sensitivity and responsiveness in dealing with the media.

The CDCRCalifornia Department of Corrections and Rehabilitation has the responsibility to protect the privacy, safety, and other rights of incarcerated people and staff members. Furthermore, the CDCRCalifornia Department of Corrections and Rehabilitation is committed to protecting crime victims and their next of kin from the unnecessary disclosure of information that may traumatize victims, family, and friends or glamorize criminals and their actions. Accordingly, news and non-news media access to an institution shall be regulated to ensure the orderly and safe operation of that facility.

Further guidance can be obtained from California Code of Regulations (CCRCalifornia Code of Regulations), Title 15, Division 3, Sections 3170 through 3176.4, 3179, 3260 through 3266, and 3450.

Each institution, community reentry facility, and the Division of Adult Parole Operations (DAPODivision of Adult Parole Operations (formerly P&CSD)) shall designate an appropriate staff member as a Public Information Officer (PIOPublic Information Officer) as described in subdivision (c). The PIOPublic Information Officer in conjunction with the designated information officer in the Office of Public and Employee Communications (OPECOffice of Public and Employee Communications) shall coordinate public information and community relations programs. The Press Secretary and the Chief of Strategic Communications or their designees shall be notified when a new PIOPublic Information Officer has been selected.

Each institution, community reentry program, and DAPODivision of Adult Parole Operations (formerly P&CSD) shall have a designated staff member on duty or available by telephone and email to the media at all times. Basic responsibilities include responding to media inquiries with factual details after consulting with the Administrative Officer of the Day (AODAdministrative Officer of the Day), OPECOffice of Public and Employee Communications, the OPECOffice of Public and Employee Communications AODAdministrative Officer of the Day and/or the regular PIOPublic Information Officer.

Institution PIOs shall be the warden’s or institution head’s Administrative Assistant, Correctional Lieutenant, or equivalent non-custody classification. Parole region PIOs shall be the RPARegional Parole Administrator or Chief Deputy Administrator RPARegional Parole Administrator. Community reentry facilities shall include a designee from the Division of Rehabilitative Programs.

Media representative, as defined in CCRCalifornia Code of Regulations 3261.5(a)(1) and (2), includes news media representatives and non-news media representatives. 

• 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.

• Non-news media representative is an individual in the publishing and broadcasting media who is not included in CCRCalifornia Code of Regulations 3261.5(a)(1). A non-news media representative may include editorial researchers, freelance writers, authors of books, independent podcasters, independently-produced websites, production companies and independent filmmakers involved with the production of broadcast or print endeavors including, but not limited to, features, documentaries, series, motion pictures, commercials, and pilots for proposed news or entertainment programs.

A current list of the names and contact information of news media representatives who usually cover the institution or parole region office shall be readily available to those officials authorized to issue news releases and statements. News media representatives shall be advised to contact the CDCRCalifornia Department of Corrections and Rehabilitation Press Office when they are seeking information.

Volunteers or contractors who operate programs within adult institutions may document their program, either through photo, audio or video recording. Their requests to document their programs shall be granted as long as the institution PIOPublic Information Officer or designee is available during the time the recording will occur. Such designees may include, Community Resources Managers, correctional staff, principals and staff program facilitators. The processing of film requests is to be facilitated by OPECOffice of Public and Employee Communications.

The following provisions shall be considered as guidelines:

• News and all the factors associated with it are highly variable.

• No set of rules will cover all situations.

• Clarify what the reporter is seeking.

• Prepare your response.

• Ensure accuracy by fact-checking with the appropriate departmental division, unit or person.

• Develop a strategic message.

• Know your policies and regulations.

• Never speculate or guess.

• Communicate clear and accurate information. Use talking points to help you stay on message.

• Do not disclose confidential information.

• Confer with OPECOffice of Public and Employee Communications for guidance, coordination, and approval.

• Institution PIOs shall immediately notify OPECOffice of Public and Employee Communications and their respective chain of command within their division (e.g., Associate Director, Director) of any occurrence or situation of unusual, critical, significant, potential, or prolonged media interest. The Assistant Secretary or designee will then notify the Secretary as needed. Examples include:

  • Incidents involving fatalities, high-profile incarcerated person or parolee, crisis or  high-profile situations including uses of deadly force, civilian deaths due to parolee criminal behavior, riots and multiple cell extractions.

  • Mass disturbances, labor actions, escapes, walkaways, accidental releases, issues or incidents that place the CDCRCalifornia Department of Corrections and Rehabilitation in an unfavorable or unpopular light, homicides and suicides, assaults on staff causing great or serious bodily injury, employee arrests, and issues or incidents that place the CDCRCalifornia Department of Corrections and Rehabilitation in a position of defending against incorrect perceptions or allegations.

  • Any significant, potential, or prolonged inquiry by major, national or international media; a media investigation; a California Public Records Act request from a member of the media; and anything else of concern to the CDCRCalifornia Department of Corrections and Rehabilitation or the administration including ballot measures, audit reports, lawsuits, regulation submissions to the Office of Administrative Law, the death penalty including scheduled executions, major motion picture requests, public demonstrations and social media campaigns.

  • Incidents likely to attract routine media interest.

Written news or press releases and media advisories, except for escape bulletins, shall be approved by the Assistant Secretary, Communications, or designee before distribution. 

• A written news or press release is a document sent to the news media and other interested parties containing newsworthy information. It is usually written in the form of a newspaper article and often features quotes from the officials or newsmakers involved. It is usually distributed by email or in a press packet. CDCRCalifornia Department of Corrections and Rehabilitation posts its press releases on its website and may link to them from its official social media platforms and in responses to journalists.

• A media advisory is a document which alerts the media to a specific event. It is usually written in a “who, what, where, when and why” format. It is often sent out to alert the media of a news conference or some other event where their presence is desired or expected.

• A press or news conference is an event where PIOs or other speakers are present to tell the media about a newsworthy subject. Speakers can include officials involved in the newsworthy subject being discussed. It is an opportunity for members of the media to receive information as a group and ask questions.

Requests for information shall be given prompt attention. Inquiries addressed to a specific facility requesting information about the history or operation of a facility may be answered by the facility. However, if clarification regarding the communication or a matter of policy is involved, seek the assistance of the Assistant Secretary, Communications, or their designee in OPECOffice of Public and Employee Communications. 

Unusual or repeated inquiries or letters shall be reported to the Assistant Secretary, Communications or designee. Requests for information about CDCRCalifornia Department of Corrections and Rehabilitation issues, requests involving other segments of the CDCRCalifornia Department of Corrections and Rehabilitation, or requests from other State agencies shall be referred for reply to the Assistant Secretary, Communications, or their designee in OPECOffice of Public and Employee Communications. Requests for public records shall be processed in accordance with DOMDepartment Operations Manual, Chapter 1, Article 16.

Access to an institution, facility, or contract facility for a news media representative shall require approval of the institution head and the Assistant Secretary, Communications or their designees. Access to an institution, facility or contract facility for a non-news media representative shall require prior approval of both the institution head and the Assistant Secretary, Communications or their designees. Access to facilities providing health care requires approval of the institution head, the Health Care Chief Executive Officer (CEO), and the Assistant Secretary of Communications or their designees. For each request for access from a news media representative or non-news media representative, the institution head or OPECOffice of Public and Employee Communications shall provide an initial response within two (2) working days. 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. Non-news media representatives’ and rehabilitative program providers’ requests for access to departmental facilities, on-duty staff, or incarcerated people shall include project and production details as necessary to determine security and operational impacts. Non-news media representatives and rehabilitative program provider’s 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 are also required. If a company has no employees, a Workers’ Compensation waiver letter must be submitted to the California Film Commission.

Within an institution, all media representatives shall be under direct supervision of the Public Information Officer (PIOPublic Information Officer) or their designee. Media representatives shall not enter the lethal injection facility, the gas chamber, Psychiatric Inpatient Program units, mental health crisis bed units, the Protective Housing Unit, restricted housing units, or any area currently affected by an emergency situation without approval of the Secretary or designee. Access to any secured area where lethal weapons are maintained requires prior approval of the institution head. The institution head may allow access to an area outside the secure perimeter of a facility to news media representatives.

News media representatives shall be given general access to all areas of community-based correctional centers and facilities under contract to CDCRCalifornia Department of Corrections and Rehabilitation including but not limited to the Division of Adult Parole Operations (DAPODivision of Adult Parole Operations (formerly P&CSD)) and the Division of Rehabilitative Programs (DRPDivision of Rehabilitative Programs) only with prior approval of the Regional Parole Administrator (RPARegional Parole Administrator), and DRPDivision of Rehabilitative Programs Community Correctional Administrator when accompanied by a PIOPublic Information Officer or designee.

Prior to their visit to an institution or facility, news and non-news media representatives shall read and sign the CDCRCalifornia Department of Corrections and Rehabilitation Form 181, Primary Laws, Rules, and Regulations Regarding Conduct and Association with State Prison Incarcerated Persons, which is a digest of state laws and departmental rules and regulations.

All requests for transmission by microwave, satellite, Ethernet, cellular, Wi-Fi, Bluetooth and any other form of voice, video and data transmission hereafter devised from a correctional facility shall be directed to the Assistant Secretary, Communications, for approval or disapproval.

All requests for transmission by microwave, satellite, Ethernet, cellular, Wi-Fi, Bluetooth and any other form of voice, video and data transmission hereafter devised from a correctional facility shall be directed to the Assistant Secretary, Communications, for approval or disapproval.

Under no circumstances will cell phones, smart phones or any devices with video and still-camera capability be permitted in correctional facilities without written authorization from the Assistant Secretary, Communications, or their designee and the warden.

News and non-news media representatives may be allowed controlled access under institution escort to patients and their housing areas in order to safeguard the public’s right to know while respecting patients’ legal right to health care privacy, subject to CCRCalifornia Code of Regulations Title 15, section 3261.6 and DOMDepartment Operations Manual section 13010.15.3. There may also be limited or restricted access to other areas including towers, control booths, protective housing units, reception centers, and other areas that affect the security of the institution. The intent of this section is to encourage all reasonable cooperation with and access for reporters and their technical crews within available resources consistent with the safe and secure operations of CDCRCalifornia Department of Corrections and Rehabilitation institutions without undue interruption of programming and services. Institution heads and the DAPODivision of Adult Parole Operations (formerly P&CSD) headquarters PIOPublic Information Officer in consultation with OPECOffice of Public and Employee Communications may impose limitations on or set conditions for media access when, in their judgment, such access would constitute an immediate threat to safety and security, generate serious operational problems, or disrupt programming and services. In the event of a disturbance that may, in the opinion of the institution head or their designee, threaten the safety and security of the institution or any person, media representatives shall be escorted to safety. The Assistant Secretary, Communications, or designee, shall be notified as soon as possible of such occurrences.

Program providers may submit a request in writing to OPECOffice of Public and Employee Communications to take photos of their rehabilitative programs. No further location agreement or film permit is needed. A PIOPublic Information Officer or their designee must review and approve photos to be used.

The Assistant Secretary, Communications, or designee, is available to mediate disputes with the media.

In the event of an actual or suspected escape or walk away from an institution, minimum support facility, conservation camp, community reentry program, community-based facility, health care facility or transportation vehicle, in which participants are considered to be under CDCRCalifornia Department of Corrections and Rehabilitation custody and not parolees, the institution, regional PIOPublic Information Officer, RPARegional Parole Administrator, or off-hours designee shall notify by the fastest means possible (i.e., email, telephone), radio stations, television stations, and newspapers in surrounding communities, as well as the escapee’s home community, of pertinent information about the escapee. 

The PIOPublic Information Officer or designee shall work with OPECOffice of Public and Employee Communications and the Office of Correctional Safety (OCSOffice of Correctional Safety) to write a formal press release to be distributed to media in the escapee’s last known location and county of commitment. The press release will be posted on the CDCRCalifornia Department of Corrections and Rehabilitation website and may be shared on CDCRCalifornia Department of Corrections and Rehabilitation’s official social media platforms. Such information which can be provided to the media in a press release shall include, but not be limited to, the missing escapee’s: 

• Name, CDCRCalifornia Department of Corrections and Rehabilitation number, and age.

• Physical description, including race and/or ethnicity, gender, height, weight, hair and eye color, any distinctive scars or tattoos, and clothing.

• Estimated time of disappearance and other pertinent details as approved for disclosure by OCSOffice of Correctional Safety.

• County of commitment.

• Commitment offense.

• Possibility of being armed or being a danger to the community.

• Most recent photograph.

• Inform the news media of the department’s search efforts and cooperation with local law enforcement agencies to apprehend the escapee.

In the event of an escape or walkaway by a county offender from a CDCRCalifornia Department of Corrections and Rehabilitation fire camp, CDCRCalifornia Department of Corrections and Rehabilitation shall initiate the efforts to apprehend the county offender and make all notifications as required by state law the same way it does for any other CDCRCalifornia Department of Corrections and Rehabilitation escapee. CDCRCalifornia Department of Corrections and Rehabilitation will also notify the county of commitment and be responsible for all first reports, which will be filed with the district attorney’s office.  

Media inquiries shall be given high priority. Upon receipt of a news media inquiry, the media representative’s contact information shall be obtained, including their name, affiliation, telephone number, email address and deadline. The news media representative shall be referred to OPECOffice of Public and Employee Communications for official contact. Facts shall be gathered as quickly as possible and provided to OPECOffice of Public and Employee Communications and the appropriate PIOPublic Information Officer, who will decide who will follow up with the inquirer. If the requested facts are not known or are otherwise unavailable, the inquirer shall be so informed along with the reasons why the information is not available. If the information cannot be quickly secured, a progress report shall be given to the inquirer.

An official authorized to respond to media inquiries shall be available at all times. Officials shall be thoroughly familiar with CDCRCalifornia Department of Corrections and Rehabilitation, institution, or parole region policies and procedures. Officials shall not speculate or guess when answering inquiries or in issuing releases.

A person making an inquiry shall not be referred to another departmental source by the PIOPublic Information Officer. The information shall be collected by the PIOPublic Information Officer receiving the inquiry, and then relayed to the inquirer upon approval from OPECOffice of Public and Employee Communications.

When a media inquiry is received, the fact that the inquiry was made shall not be volunteered to another media representative. No information developed to answer a media person’s inquiry shall be provided to another media person unless it is in response to a separate inquiry from them on the same subject. This does not apply to responses to California Public Records Act (CPRA) requests when the requestor asks for CPRA responses previously provided.

Staff shall not comment on any active or pending lawsuit or other legal action. Responses to specific allegations of a lawsuit or legal action shall be directed to the Assistant Secretary, Communications and the Office of Legal Affairs. Staff shall not comment on proposed legislation. Requests for comment on proposed legislation shall be directed to the Assistant Secretary, Communications, and the Office of Legislation.

The only data that may be released to the media or to the public about an incarcerated person or parolee without a valid written authorization from the incarcerated person or parolee is limited to the following: 

• Name.

• Age.

• Race and/or ethnicity.

• Birthplace.

• County of last legal residence.

• Commitment offense.

• Date of admission to CDCRCalifornia Department of Corrections and Rehabilitation and CDCRCalifornia Department of Corrections and Rehabilitation number.

• Facility assignments and a general description of behavior.

• Patient health condition given in short and general terms that do not communicate specific medical information about the individual, such as good, fair, serious, critical, treated and released, or undetermined.

These are standard terms acceptable under Health Insurance Portability and Accountability Act (HIPAA) laws and the guidelines of the California Association of Hospitals and the American Hospital Association. The term “stable” should not be used as a condition.
These terms are defined as follows: 

• Undetermined – Patient is awaiting physician assessment.

• Good – Vital signs are stable and within normal limits. Patient is conscious and comfortable. Indicators are excellent.

• Fair – Vital signs are stable and within normal limits. Patient is conscious, but may be uncomfortable. Indicators are favorable.

• Serious – Vital signs may be unstable and not within normal limits. Patient is acutely ill. Indicators are questionable.

• Critical – Patient may be unconscious. Indicators are unfavorable.

• Treated and Released – Received treatment but not admitted.

• Manner of death as natural, homicide, suicide, accidental or executed. A death will only be confirmed after next-of-kin notification has been made. CDCRCalifornia Department of Corrections and Rehabilitation does not determine or release a person’s cause of death – coroners do. News and non-news media representatives should be referred to the coroner of the county where the deceased person passed away in order to obtain an official cause of death.

• Sentencing and release actions, including month and year of current parole eligibility date.

Generally, it is appropriate to provide all data which is a matter of public record. However, the Criminal Identification and Investigations Report (rap sheet) shall not be used as a source. Under law, information on the rap sheet is not a public record and shall not be used to furnish information concerning an incarcerated person’s or parolee’s arrest history to any person other than a sworn member of a government law enforcement agency. Information about the state prison history of parolees or previously incarcerated people, who have been arrested or are under investigation by an outside law enforcement agency, will only be released with the authorization from the arresting or investigating agency. 

Except as provided by applicable federal and state law, no person shall disclose any protected health information that identifies an individual without a complete CDCRCalifornia Department of Corrections and Rehabilitation Form 146-HCHigh Control, Health Information-Photography and Video Consent Supplement (Rev. 12/22). Federal law also protects the individually identifiable health information about a decedent for 50 years following the date of death of an individual. 

No person shall disclose specific information involving an incarcerated person’s medical history, educational test scores, psychological test results, classification scores, or information provided on employment or educational applications. Information on a CDCRCalifornia Department of Corrections and Rehabilitation Form 115, Rules Violation Report, that has not been affirmed by administrative review should be general in scope and referenced as allegations, such as “xxxx has been charged with….”  Disciplinary information should be general in scope and should be limited to the number of adjudicated RVRs, whether they were serious or administrative, and the finding (guilty, not guilty).

Pursuant to DOMDepartment Operations Manual Section 86060.5, CDCRCalifornia Department of Corrections and Rehabilitation often receives requests from the news media for information about current and former incarcerated people and parolees. The CCRCalifornia Code of Regulations Title 15 Section 3261.2(e) specifies what can be shared with the media about an offender. An offender’s authorization is not needed. When receiving a request from the news media for a photograph or commitment offense information of an offender, the first point of contact is OPECOffice of Public and Employee Communications. OPECOffice of Public and Employee Communications will make a reasonable effort to determine whether the offender is the subject of a law enforcement investigation or prosecution. If so, OPECOffice of Public and Employee Communications will advise that agency of the media’s request and ask if sharing the offender’s information and/or photograph at that time might hamper the investigation. If the law enforcement or criminal justice agency specifically requests that the information and/or photograph be temporarily withheld, OPECOffice of Public and Employee Communications will relay that decision to the news media, along with the contact information for the agency for any needed follow-up. Reporters have the option of submitting a request pursuant to the CPRA.

The authority granted to institutions and DAPODivision of Adult Parole Operations (formerly P&CSD) to release information regarding an institution incident or newsworthy event does not extend to non-designated employees unless specifically authorized by the warden, institution head, DAPODivision of Adult Parole Operations (formerly P&CSD) headquarters PIOPublic Information Officer or OPECOffice of Public and Employee Communications.
Employees of CDCRCalifornia Department of Corrections and Rehabilitation shall not generate or initiate news media contact on behalf of CDCRCalifornia Department of Corrections and Rehabilitation regarding incidents or newsworthy events without prior approval to do so. Employees who believe that a particular event is newsworthy shall first seek the guidance and permission of the PIOPublic Information Officer, who shall seek appropriate authorization and make notification to the Assistant Secretary, Communications, or their designee in OPECOffice of Public and Employee Communications. Community Resources Managers and contractors and volunteers who run programs or events inside institutions shall not invite news or non-news media representatives into prisons without the permission of the institution PIOPublic Information Officer and OPECOffice of Public and Employee Communications.

Through PIOs and with authorization from the Assistant Secretary, Communications, institutions, community reentry facilities, and parole offices are encouraged to release breaking news such as information about escapes and major incidents. The PIOs are authorized to release related photographs if available, subject to DOMDepartment Operations Manual, Sections 13010.16 – 13010.17.3.

The institution, community reentry facility, or parole office shall initiate release of breaking news under the guidance of OPECOffice of Public and Employee Communications and within regulations, policies and communications objectives. It shall be done as soon as practical before or soon after the event. The release shall be made simultaneously to all reporters or media who cover the institution or parole office if possible. Each shall be provided the same information which can be provided verbally. When contacting the media by telephone, PIOs shall develop a well-supported oral or written statement or talking points. This ensures consistency and accuracy in releasing breaking news.

Every effort shall be made to release constructive news concerning the institution, community reentry facility or parole office. Information concerning programs and activities including blood donations, rescues, graduations, art shows, charitable activities, fundraisers for non-profit organizations, and concerts are possible subjects.

The Assistant Secretary, Communications, shall inform the Secretary of events likely to attract significant or prolonged news media attention.  This includes statements, advisories, and releases given to news media, as well as instances in which reporters enter facilities or institutions to cover activities or randomly interview incarcerated people.

Media representatives may be permitted random face-to-face interviews with incarcerated people housed in facilities under the jurisdiction of CDCRCalifornia Department of Corrections and Rehabilitation.  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. Random interviews of individuals involved in a specific activity or program, or encountered while covering an institution activity or event, shall be limited to the time, areas, and segments of the facility population designated by the institution head. It is advisable to contact CDCRCalifornia Department of Corrections and Rehabilitation’s Office of Victim and Survivor Rights and Services when incarcerated people have been interviewed by news and non-news media representatives for victim notification. No incarcerated person shall be interviewed against their will. 

Pursuant to state law, incarcerated people may not participate in specific-person face-to-face interviews. CDCRCalifornia Department of Corrections and Rehabilitation employees shall not coordinate or arrange an interview in advance with a specific incarcerated person and a member of the media nor provide media access to a specific incarcerated person. News and non-news media representatives shall be allowed to conduct in-person interviews of incarcerated persons in accordance with the visiting requirements of CCRCalifornia Code of Regulations Title 15 section 3170 through 3176.3. 

Cameras and Recording Equipment

• The institution head or designee shall approve the use of cameras or recording equipment in advance. A location agreement and a film permit from the California Film Commission may be required for filming and photographing on state property by 
  non-news media representatives and rehabilitation program providers.

Security Arrangements

• Media representatives are to be accommodated, whenever possible, at the institution within business hours using on-duty personnel. In certain situations, CDCRCalifornia Department of Corrections and Rehabilitation may incur additional staffing costs. Media representatives or their organizations will be required to pay the reasonable security or escort costs directly associated with their use of the location including benefits and overtime pay. Media will be notified of the approximate staff requirements and costs.

• The Assistant Secretary, Communications, shall be consulted whenever a fee for supervision or security is contemplated.

The CDCRCalifornia Department of Corrections and Rehabilitation Form 146, Inmate Declaration to News Media Contact, shall be completed when an incarcerated person is the subject of an interview, still photograph, motion picture, or other recording intended for use by news media, non-news media, or productions by rehabilitative program providers.

• Incarcerated people under 18 years of age shall not be photographed, filmed, or videotaped.

• One employee shall witness the incarcerated person’s signature on the completed CDCRCalifornia Department of Corrections and Rehabilitation Form 146.

• In order to provide a permanent record of the incident, the signed copies of the CDCRCalifornia Department of Corrections and Rehabilitation Form 146 shall be distributed as follows:

  • Original – institution file maintained by the PIOPublic Information Officer.

  • Copy – incarcerated person’s central file.

• This section does not apply when individuals in such settings as an exercise yard or dining hall are not singled out or where the incarcerated person’s identity is not revealed.

Because several different media representatives may visit a program at different times, program instructors and facilitators may choose to have each cohort of incarcerated participants sign a “blanket” CDCRCalifornia Department of Corrections and Rehabilitation Form 146 Inmate Declaration to News Media Contact, at the beginning of each program cycle, eliminating the need to fill out multiple forms for each media visit. The blanket CDCRCalifornia Department of Corrections and Rehabilitation Form 146 will include the beginning and end dates of the cohort cycle and the authorization to consent to “all media.” It is the responsibility of the PIOPublic Information Officer and program instructor or facilitator to maintain these forms and, in the case of a media visit, to ensure that all participants have signed the form prior to being interviewed and/or recorded. Not granting consent will not affect an incarcerated person’s ability to participate in the program. It is the responsibility of the PIOPublic Information Officer or designee to ensure incarcerated people who have not consented are not photographed, filmed and/or interviewed. Incarcerated people may inform the instructor, facilitator or PIOPublic Information Officer at any time they wish to withdraw or give their consent.

The CDCRCalifornia Department of Corrections and Rehabilitation Form 146-A, Parolee Declaration to News Media Contact (Rev. 10/11), shall be completed when a person on State parole supervision consents to be interviewed, recorded, photographed or filmed.

The California Correctional Health Care Services (CCHCS) “CDCRCalifornia Department of Corrections and Rehabilitation Form 146-HCHigh Control, Health Information-Photography and Video Consent Supplement (Rev. 12/22)” form shall be completed to obtain the consent of an incarcerated person to record or photograph them for departmental communications purposes and to consent to the release of their personal health information contained in the audio, video, or photograph.

The “CDCRCalifornia Department of Corrections and Rehabilitation Form 1419, Media Consent Form (Rev. 12/22)” shall be completed to obtain consent from CDCRCalifornia Department of Corrections and Rehabilitation and CCHCS employees to photograph, video record, film, or audio record them for departmental communications purposes and give CDCRCalifornia Department of Corrections and Rehabilitation the right to publish, distribute, copy, alter, license or publicly display the materials.

Media representatives may contact any incarcerated person in State prison by mail.  It is not necessary for media to notify the CDCRCalifornia Department of Corrections and Rehabilitation before communicating with an incarcerated person. Incoming non-confidential letters are opened, inspected for contraband, subject to being read, and then forwarded to the incarcerated person. To ensure prompt processing, media representatives should address letters using the incarcerated person’s full name, CDCRCalifornia Department of Corrections and Rehabilitation number, cell or location numbers if known, and the address of the institution where they are housed.

Most incarcerated people have access to telephones and can make outgoing collect calls on designated telephones according to their privilege group. Limitations are placed on the frequency of such calls to allow equal access to telephones by as many incarcerated people as possible and as determined by their privilege group. When corresponding with an incarcerated person, media representatives may provide a telephone number where they can call them collect.  It is up to the incarcerated individual to initiate the call. Telephone calls are limited to 15 minutes and may be recorded. Media representatives may also record the call with the incarcerated person’s permission. Media representatives do not need CDCRCalifornia Department of Corrections and Rehabilitation’s permission to record a telephone conversation with an incarcerated person.

Staff will not take messages and faxes from the media to incarcerated people.

Media representatives may send email to an incarcerated person who is able to communicate by email via a state-issued tablet provided by an approved vendor. Depending on the facility, incarcerated people may be able to respond electronically, view and print an incoming message, and view photo attachments.

If a media representative wishes to visit an incarcerated person, it shall be in accordance with the visiting requirements in CCRCalifornia Code of Regulations Sections 3170-3176 and DOMDepartment Operations Manual Chapter 5 Article 42. A completed questionnaire must be submitted and approved by the institution before the visit. Any member of the media, once approved, may visit; however, they shall not bring in cameras or recording devices in a manner inconsistent with the DOMDepartment Operations Manual or State law. No incarcerated person or parolee shall have their visitation limited or revoked solely because of a visit or potential visit from a media representative, nor may an incarcerated person or parolee 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 media representative. During an interview, 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.

To maintain order, individual safety, prison security and operations, the rules established in the CCRCalifornia Code of Regulations, Title 15, Subchapter 2, Article 7, Visiting, also apply during video visits. Since no recording, videotaping or photography is allowed during in-person visiting, the same rules apply for virtual visits. Failure to adhere to the rules by any party during a virtual visit will result in termination of the video visit, and may include disciplinary action and/or visitor suspension.

News and non-news media representatives may be allowed controlled access under institution escort to patients and their housing areas in order to safeguard the public’s right to know while respecting patients’ legal right to health care privacy. The Assistant Secretary, Communications; the Undersecretary of Health Care Services; and institution health care staff shall be notified in advance of all news media events involving patients. Access shall require approval of the Warden, the Health Care Chief Executive Officer (CEO) and the Assistant Secretary, Communications or their designee.

Access to Facilities

• Random interviews in units housing patients shall be closely monitored to protect health care privacy. To safeguard patients’ right to privacy, health care staff shall ensure that signs, charts and/or any other patient identifiers are not visible. Clinical and  non-clinical staff members are not to divulge any patient’s protected health information.

• Requests from news and non-news media representatives to visit contracted health care facilities must be received in writing at least 30 days in advance in order to coordinate with the contractor in accordance with this policy.

• News and non-news media access is not permitted within units with mental health crisis beds or any area housing patients under medical isolation or quarantine.

• To protect the integrity of delivering patient care, news and non-news media access to clinical areas where health care is delivered (e.g., dialysis centers, dental clinics, triage and treatment areas) may only be allowed when no patients are present.

Access to Patients

• News and non-news media representatives may be permitted random face-to-face interviews with patients receiving health care services and living in units that provide health care treatment. Such interviews shall be conducted as stipulated by the Warden and the Health Care CEO, including restricting the time, place and duration of such interviews, the size of technical crews, and the amount and type of equipment.

• News and non-news media access to units housing seriously or terminally ill patients may be permitted on a case-by-case basis. Consideration shall be given to factors that may disrupt the operation of the unit. Participation is restricted to patients who have the capacity for giving informed consent. Filming, video or audio recording and photographing will not be allowed of patients who do not have the capacity to give informed consent.

• Media interviews shall not be permitted with an incarcerated person suffering from a mental illness which, in the opinion of a psychiatrist or psychologist, renders them incapable of giving informed consent or their condition may be worsened by such an interview. Individuals who are severely ill or injured, medicated, are cognitively impaired, suffer from dementia, or are experiencing severe pain, anguish or grief, often lack the capacity to give consent and shall not be approached by news and non-news media representatives. Consent should only be obtained from patients who are awake, alert and have the capacity to understand the consequences of giving informed consent.

• When seeking consent from patients, the following guidelines should be followed:

  • Inform the patient about the purpose of the filming, recording or interview and what news or non-news organization will be conducting the interview.

  • Inform the patient about how the interview, filming and/or photographs may be used.

  • Inform the patient that participation is voluntary and that a decision to participate or not will not affect their care.

  • Inform the patient that they can rescind consent at any time.

Media access to parole suitability hearings is governed by the California Code of Regulations, Title 15, Division 2, Sections 2031 and 2032. Requests from news and non-news media representatives to attend hearings must be submitted in accordance with those regulations. The Executive Officer of the Board of Parole Hearings approves news and non-news media representatives’ requests to attend parole hearings and must authorize their use of cameras and recording devices at parole hearings. Pursuant to the CCRCalifornia Code of Regulations Title 15 section 3261.7(e), possession of any camera is to be authorized by the warden. The warden’s staff shall ensure gate clearances are processed.

Approved media representatives shall attend the hearing in a manner approved by the board, which may include in person, by videoconference, or by telephone. Media representatives shall only attend in person if the hearing is conducted in person.

Accurate information within legal limitations shall be provided in response to media inquiries regarding employees. Incidents within facilities and institutions are often newsworthy events that involve staff as well as incarcerated people. Other incidents that merit media attention include employees’ acts of heroism, volunteerism, or community involvement.

The only employee data that may be released to the media or to the public by anyone other than the employee concerning the employee’s involvement in an institution incident or newsworthy event includes:

• Full name.

• Civil service classification.

• Age.

• Work assignment.

• Length of service with the Department and/or current division or unit.

• Past work assignments.

• Role or function in a newsworthy event.

Employee information shall not be released to the media or to any member of the public, or posted to the department’s social media if the information would endanger the employee or if the employee is the victim of a crime.

Further information and directions for releasing information on employees is found in DOMDepartment Operations Manual, Chapter 1, Article 15, Information Practices.

Media representatives may be permitted random or specific-person interviews with on-duty staff who consent to the interviews, provided such interviews do not interfere with the normal operations or security of the institution. Such interviews shall be conducted as stipulated by the institution head, including restricting the time, place, and duration of interviews, and size of the technical crews.

Use of cameras or recording equipment shall require prior approval of the institution head, or designee.  

Photographing, filming, or video recording of CDCRCalifornia Department of Corrections and Rehabilitation staff within an institution, parole office, or other non-public area is permissible only with prior consent of each employee. 

The department has no control over photographs, films, or video recordings taken of CDCRCalifornia Department of Corrections and Rehabilitation facilities, employees, incarcerated people, parolees, or CDCRCalifornia Department of Corrections and Rehabilitation equipment when the person taking the photograph is not on state or institution property under CDCRCalifornia Department of Corrections and Rehabilitation’s jurisdiction. This includes, but is not limited to, the photographing or recording of  incarcerated community work crews, fire crews, presentations by incarcerated people in schools and other public locations, those being transported on public streets and highways, etc.

People are prohibited from interrupting, interfering, or communicating with an incarcerated person being transported or working off institution grounds without prior authorization of the staff person in charge or institution head.

Photographs, films, videotapes, digital videotapes and photographs, floppy disks, compact disks, memory cards, memory sticks, or any other recorded media other than for official purposes, which reveal an incarcerated person’s identity, may be taken within an institution, camp, community correctional facility, or parole office subject to the following conditions:

• An incarcerated person shall be required to sign a CDCRCalifornia Department of Corrections and Rehabilitation Form 146 Inmate Declaration to News Media Contact before any photographing, audio recording, filming, videotaping, or video recording that clearly identifies the individual.

• An incarcerated person’s consent is not required where individuals in such settings as an exercise yard or dining hall are not singled out or where the identity of an incarcerated person is not revealed; however, before any  photographs are taken or filming is done, they shall be advised so those who do not want to be recognized may turn away or leave the area.

• Photographs taken or filming of incarcerated people may be in any appropriate location such as on their job or other assignment, with their artwork, playing an instrument, etc., depending on the news or feature story under development.

Title 14 Code of Federal Regulations (14 CFR) Part 107 is the operating authority for small, unmanned aircraft systems (UAS) and establishes the minimum safety standards and registration requirements for their operations in the United States. 14 CFR defines a small UAS to include its communication links and the components that control it. The rules also establish certification requirements for small UAS pilots which require a Remote Pilot to pass an aeronautical knowledge test at an FAA-approved knowledge testing center and complete a security background check by the Transportation Security Administration.

Requests to film from a UAS, commonly known as a drone, are reviewed on a case-by-case basis. A minimum of 20 business days is needed to evaluate the request. The California Film Commission (CFC) requires the Remote Pilot to complete the “Questionnaire: Request to Use Unmanned Aircraft Systems for Filming Over State Property (Questionnaire).” Up to seven business days are required for the CFC to process requests for film permits that include the use of a small UAS.

Additional insurance coverage shall be provided by the UAS operator, including proof of UAS coverage (listing the specific aircraft to be used) with a limit of at least $2 million. Processing will not begin until all required documentation has been submitted to the CFC.

Those who request to film from a UAS over CDCRCalifornia Department of Corrections and Rehabilitation property shall submit to CDCRCalifornia Department of Corrections and Rehabilitation:

• A copy of the Remote Pilot Certificate.

• A copy of the Part 47 or Part 48 Registration Certificate for each UAS.

• The make, model and serial number for each UAS.

• A detailed description of proposed flight activities, including maps.

• Copies of all necessary waivers or approvals.

• The completed Questionnaire.

• Proof of insurance coverage.

• An application to the CFC for a film permit.

Meeting all the qualifications required by federal law and the CFC does not guarantee permission to operate small UAS over CDCRCalifornia Department of Corrections and Rehabilitation facilities. CDCRCalifornia Department of Corrections and Rehabilitation will review requests on a case-by-case basis and approve or deny requests based on location conditions, safety, security and operational impacts. Authorization from CDCRCalifornia Department of Corrections and Rehabilitation does not relieve the Remote Pilot from the responsibility to check the airspace and weather conditions they are operating in and comply with all restrictions that may be present in accordance with federal law.

In accordance with the basic provisions of 14 CFR Part 107, a UAS must weigh between .5 and 55 pounds; the Remote Pilot must remain within visual line of sight of the UAS and no person may act as a Remote Pilot or Visual Observer for more than one UAS at one time; the UAS must be operated in daylight only; the maximum altitude is 400 feet above ground level (or within 400 feet of a structure); and operations are not permitted from a moving vehicle. In addition, UAS operations require a preflight inspection by the Remote Pilot.

Although federal regulations no longer require a visual observer, the CFC and CDCRCalifornia Department of Corrections and Rehabilitation recommends the use of a visual observer for safer UAS operations. In addition, it is recommended that the Remote Pilot scout the location site(s) before filming.

Unless there is a specific threat of imminent danger to an incarcerated person or parolee by releasing their image, or unless the release of their photograph could jeopardize an ongoing investigation, news and non-news media representatives shall be permitted access to identification photographs without the incarcerated person’s or parolee’s consent.

The most current photographs of escaped incarcerated people and parolees at large shall be provided.

Photographs or any other audio or visual recordings of an execution are prohibited.  However, stock CDCRCalifornia Department of Corrections and Rehabilitation photographs and videotape footage of the area are available upon request from OPECOffice of Public and Employee Communications.

No camera, wireless microphone, or other recording device shall be permitted within the execution chamber area.

Before entering a facility, news and non-news media representatives, photographers, camera and video operators, producers and their technical crews shall be carefully instructed as to what cannot be filmed, photographed, videotaped or video-recorded. Prohibitions include photographing staff or incarcerated people without consent, any procedure, equipment, or structure that compromises security; and patient encounters that would violate patient privacy or negatively impact patient care. The photographers, camera, or video operators shall agree in writing to these conditions prior to entering a CDCRCalifornia Department of Corrections and Rehabilitation institution or facility by signing the CDCRCalifornia Department of Corrections and Rehabilitation Form 181 Primary Laws, Rules, and Regulations Regarding Conduct and Association with State Prison Inmates.

Conditions

• In rare instances, it may become necessary to seize film, videotape, digital video files, compact disks, memory cards, memory sticks, hard drives, or any other recording devices or media because of a clear violation of regulations on photography within CDCRCalifornia Department of Corrections and Rehabilitation institutions or facilities.  For example: photographing an employee, incarcerated person, or parolee after they have refused permission, or photographing security facilities, procedures, or equipment without permission. 

  • Any seized film, videotape, digital video files, compact disks, memory cards, and/or memory sticks, hard drives, and any other recording devices shall be placed undamaged, undeveloped, and unviewed, in a secure area.

  • The institution head and the Assistant Secretary, Communications, shall be notified immediately for disposition of the recorded material and/or devices.

In no event shall film, audiotape, videotape, cameras, or recording equipment be destroyed or damaged.

• In the event of a disturbance, photographers and videographers approved to visit an institution or facility shall not have their film, audiotape, videotape, digital video files, compact disks, memory cards, memory sticks, recording devices, or any other storage media seized. The production may be halted at the request of the institution head or designee and personnel will be escorted to safety if the disturbance threatens the safety or security of the institution or any person.

• Should CDCRCalifornia Department of Corrections and Rehabilitation or another law enforcement agency have need of the recorded material in connection with any criminal, civil, or administrative investigation or proceeding, they shall advise the photographer or videographer of the need for the recorded material.

• Photographers and videographers have the right to contest any subpoena to compel production of the recorded materials under the protections, if any, accorded by California State Law, the U.S.United States Constitution and the California Constitution, all of which are expressly reserved and not waived.

Institutions shall allow legislative hearings to be held at predetermined locations as approved by the Secretary.  The areas within an institution where legislative hearings can be held shall be determined according to the number of anticipated attendees, security needed for testifying incarcerated people, and logistics.

Some authorized areas include visiting rooms, ISTIn-Service Training classrooms, visitors’ processing centers, conference rooms, boardrooms, gymnasiums, chapels, libraries, and education facilities. The area of the legislative hearing shall be approved by the warden of the institution.

The hearing shall be held during a time and day approved by the warden of the institution.

Cessation of some institution programs may be necessary depending upon the area scheduled for the hearing.  When suspension of visiting is required, the incarcerated population of the institution involved shall be notified in writing as far in advance as possible.

Preparation and Processing

• Once a legislative hearing at an institution is approved, the Office of Legislation shall coordinate the hearing with the contact designated by the legislative committee initiating the request.

• CDCRCalifornia Department of Corrections and Rehabilitation requires that any request for a CDCRCalifornia Department of Corrections and Rehabilitation report, file, or other data needed at the hearing be made in writing to the CDCRCalifornia Department of Corrections and Rehabilitation Office of Legislative Affairs. The legislative contact shall also provide the Office of Legislation with the names of legislators, consultants, staff, and witnesses who will be in attendance to ensure gate clearances are processed.

• The Office of Legislation shall provide the legislative contact a copy of any pertinent, public CDCRCalifornia Department of Corrections and Rehabilitation regulations and guidelines relative to security and logistical matters, including attire on institution grounds and the capacity of the designated hearing area to be used.

• The institution shall make every reasonable effort to assist with the setup of seating, but is not obligated to furnish equipment, props, staff resources (other than security), or make any physical plant modifications for the hearing.

• During the hearing, the Office of Legislation shall coordinate all activities with the institution head or a designee. The institution head or designee shall have the authority and responsibility for all matters relating to security and visitor processing.

• If the hearing requires testimony from incarcerated people, the hearing shall be scheduled in an area that will provide reasonable access to and from their housing unit. If the hearing requires the presence of incarcerated people housed in a Level IVIntravenous restricted housing unit, the hearing shall be held in an approved area that provides the highest degree of security.

Classification and Processing of Attendees

• The number of attendees shall never be allowed to exceed the established occupancy capacity of the designated hearing area, including CDCRCalifornia Department of Corrections and Rehabilitation staff who are required to be in attendance.

• All hearings and tours of an institution shall be conducted in accordance with DOMDepartment Operations Manual, Chapter 1, Article 14.

• Prospective attendees shall be classified in one of the following categories and processed accordingly:

  • ELECTED OFFICIALS–Includes the Governor, Lieutenant Governor, Attorney General, United States Senators, and members of the United States House of Representatives, as well as State Legislators and other California Constitutional Officers.  Elected officials shall:

    • Be processed promptly upon their arrival as described in the CCRCalifornia Code of Regulations Title 15 section 3267.

    • Be afforded, upon request, access to any portion of the facility provided they are escorted. No arrest history inquiries shall be done for dignitaries.

    • Be required to sign the visitors’ register and present an official photo identification card when entering and leaving the institution, and shall be accompanied by sworn staff at all times.

    • In cases of immediate need, and upon notification by the Secretary in writing, any prohibitions within this Article regarding elected officials may be suspended in the interest of public understanding of the CDCRCalifornia Department of Corrections and Rehabilitation operations and responsibilities

  • MEDIA REPRESENTATIVES: 

    • Shall be required to sign the visitors’ register and present verification of their employment.

    • Shall be processed in accordance with the same rules and procedures pertaining to visitors of incarcerated people.

    • Shall be subject to reasonable limitations as determined by the institution head pursuant to the CCRCalifornia Code of Regulations Title 15 section 3261 and 3261.5 The type, size, or amount of equipment allowed may be restricted if the institution head determines that such equipment would threaten the safety of the institution or any person, or would unduly impede normal operations. All equipment shall be searched for contraband.

    • Shall be instructed, including their photographers and camera operators, as to what cannot be filmed, photographed, or otherwise recorded prior to entering an institution. Prohibitions include photographing staff or incarcerated people without their written consent and any procedure, equipment, or structure that may compromise security.

    • May be granted a limited tour of nonsecure areas of the institution provided they have been cleared by an arrest history inquiry, do not tour with the elected officials, and are escorted by available institution staff.

  • LEGISLATIVE STAFF–Includes any transcriber(s) of the proceedings, individuals affiliated with the elected officials in an official capacity, and the sergeant(s)-at-arms.  Legislative staff: 

    • Shall be required to sign the visitors’ register and present verification of their employment.

    • Shall be processed in accordance with the same rules and procedures pertaining to visitors of incarcerated people.

    • May accompany the officials by whom they are employed on any tour of the institution in all areas approved for tour by the institution head or not otherwise prohibited by CDCRCalifornia Department of Corrections and Rehabilitation regulations or policies, or may tour any areas of the institution separately from the officials as approved by the institution head, and escorted by available institution staff.

  • WITNESSES–Witnesses are those incarcerated people, parolees, formerly incarcerated, or other persons who have been subpoenaed or invited by the legislative committee. Witnesses may include family members including spouses or registered domestic partners, victims of crimes, expert or technical advisors, and past or present employees of CDCRCalifornia Department of Corrections and Rehabilitation, all of whom must have received written verification of the committee’s directive to appear.  Witnesses are subject to the following: 

    • Witnesses who have been subpoenaed to testify shall be allowed to attend.  The institution head shall decide the appropriateness and degree of restraint and security needed for incarcerated people.  For those incarcerated individuals who would pose a clear threat to the safety of those attending the hearing, the institution head may approve use of the two-way audio and video communication system in lieu of their in-person appearance.

    • Incarcerated people who have been subpoenaed to testify shall not be allowed into the hearing area until the time they have been scheduled to appear. Prior to entering the hearing room, all incarcerated people shall be searched and be properly attired in  State-issued clothing. Incarcerated people shall have no contact with other people in attendance, be closely supervised, and be strictly limited to the waiting area at all times.

    • All witnesses except current CDCRCalifornia Department of Corrections and Rehabilitation employees shall be processed in accordance with the same rules and procedures pertaining to visitors of incarcerated people.

  • INTERESTED PERSONS–All others not mentioned above shall be considered interested persons and shall be subject to the following: 

    • Interested persons shall be allowed to attend unless there are circumstances to indicate they would pose an imminent threat to the safety and security of the facility.

    • Interested persons attending the hearing shall not be allowed to tour the facility nor have contact with any incarcerated person.  Interested persons shall be processed in accordance with the same rules and procedures pertaining to other visitors to the facility pursuant to CCRCalifornia Code of Regulations 3170 through 3179.

Exclusions

• Because access must be restricted due to the established occupancy capacity, exclusions, if necessary, shall be made, first on a voluntary basis.  If further measures are required, access shall be denied to those individuals identified as interested persons.  When the hearing involves public comment, the institution head may prioritize access by interested persons over media representatives and may designate one or a limited number of accredited pool reporters to cover the event.

The Assistant Secretary, Office of Public and Employee Communications, or designee shall be responsible for ensuring that the contents of this Article are kept current and accurate.