Chapter 1 – General Administration

Any audio, video, or photographic production at any State correctional institution/facility, except those for a general interest daily newscast by a television or radio station holding a license to broadcast from the FCCFederal Communications Commission, shall be governed by provisions of this policy section.

The purpose of this policy is to identify departmental and statutory requirements that production media shall satisfy prior to being granted an approval for any audio, video, or photographic production at any State correctional institution/facility, except those for a general interest daily newscast by a television or radio station holding a license to broadcast from the FCCFederal Communications Commission.

Departmental objectives governing access for any audio, video, or photographic production at any State correctional institution/facility, except those for a general interest daily newscast by a television or radio station holding a license to broadcast from the FCCFederal Communications Commission are to:

• Present the public with a true and accurate account of Department operations.

• Promote greater public awareness of the CDC’s public safety mission, programs, and issues through the media.

Approval to conduct any media production activity in a State correctional institution/facility is granted jointly by the Warden/RPARegional Parole Administrator and the Assistant Director, Communications, with the approval of the Director.

Media representatives are defined in the CCRCalifornia Code of Regulations 3000 and in the DOMDepartment Operations Manual 13010. Non news related production shall be synonymous with and include motion pictures, features, news magazine programs, public affairs programs, weekly or monthly programs, cable or Internet productions, documentaries, shorts, commercials, and any other production form that is not for general interest daily newscast purpose.

Upon receiving inquiries from production companies, the PIOPublic Information Officer for the institution/facility/parole region shall determine if the inquiry pertains to a news or non news related venture as defined above and in DOMDepartment Operations Manual 13010.

News Related

• If the proposed production pertains to news, the PIOPublic Information Officer shall follow procedures identified in DOMDepartment Operations Manual 13010.

Non News Related

• If the production activity proposed is non news related, the PIOPublic Information Officer shall refer the company to the office of the Assistant Director, Communications, for further processing.

After the company has discussed the proposed activity with the Assistant Director, Communications, and received CDC approval for the project, the company shall also apply for and receive a Photography/Motion Picture Permit from the California Film Commission (CFC).

• The company shall produce evidence of financial responsibility and liability insurance.

• Note: Present industry practice and the recommendation of the DGSDepartment of General Services, Office of Risk and Insurance Management is for general liability coverage of at least one million dollars, with the State of California, its offices, employees, and agents as the “additional insureds” under the terms of the policy.

• The company shall be required to keep this permit readily available throughout location filming.

• Minor changes in the permit may be made at the site by the PIOPublic Information Officer who shall initial the change.

• Major changes shall be handled with a permit rider through CFC.

• The company shall file a formal application to film at a specific location with the Assistant Director, Communications.

The assigned Communications Officer from the office of the Assistant Director, Communications, shall screen applicants and verify with CFC that the applicant has:

• A valid permit.

• Insurance coverage.

• No history of past complaints with CDC.

The assigned Communications Officer shall determine from the company:

• Production location needs.

• Production schedule and duration.

• Number of crew personnel required to be admitted.

• Security coverage needed.

• Type/quantity of production equipment on premises.

• Level of overcrowding at the institution/facility/housing unit to be used.

• Custody level of inmates at the institution/facility/housing unit to be used.

• Degree of institution/facility/housing unit program disruption as a result of the production’s presence.

• Impact on surrounding homeowners.

The company shall furnish a copy of the script and/or a production outline to determine whether the program/motion picture on CDC property will be consistent with the safety and security of the institution/facility, public, staff, and inmates, and will not unduly interfere with the operation of CDC. The Communications Officer shall reject the application if the proposed production activities compromise facility safety and/or security. In accordance with GCGovernment Code 14998.8(f), CDC shall have five working days to disapprove a film permit application or it is deemed approved.

No use of firearms (real or simulated), other weapons, or use of pyrotechnics on CDC property shall be permitted. In addition, it would, in general, be inconsistent with the above factors if the script proposed to produce the following on CDC property:

• Material which has been designed to glamorize crime or criminals or to intentionally invoke sympathy for them.

• Material which justifies or encourages criminal behavior.

• Display of criminal skills which appear to provide instruction in criminal behavior.

If portrayed in the program, CDC shall be presented in a true and accurate light.

The script shall be handled in the form and manner prescribed for copyrighted material. It shall be used solely for the purpose intended and shall not be copied in any form and/or distributed to anyone without the expressed written permission of the Director.

The CDC shall run a criminal history request through CI&ICriminal Identification and Information and the FBIFederal Bureau of Investigation on all reporters and crew members to determine eligibility for access onto institution/facility grounds/security areas in accordance to the CCRCalifornia Code of Regulations 3173, 3176, and 3177, DOMDepartment Operations Manual 31070, and good sound judgment.

After all appropriate script changes, institution/facility/production agreements, and background checks have been made, the company shall:

• Sign a CDC Form 1846, Film Permit, with the Assistant Director, Communications, or designee.

• Receive a CDCRCalifornia Department of Corrections and Rehabilitation Form 181, Primary Laws, Rules, and Regulations Regarding Conduct and Association with State Prison Inmates (previously titled Digest of Laws Related to Association with Prison Inmates).

Originals of all signed documents shall be maintained in the office of the Assistant Director, Communications. Copies shall be given to the company and the Warden/RPARegional Parole Administrator.

Requests for script changes after the signing of the location agreement shall be referred to the Assistant Director, Communications for approval.

The PIOPublic Information Officer shall conduct a basic orientation class for all approved crew members. All crew members shall be apprised of expectations within a State correctional institution/facility.

When resolving conflicts/issues during production, the PIOPublic Information Officer shall deal only with the pre-designated company representative (e.g., producer, director).

• The PIOPublic Information Officer shall advise the predesignated company representative to communicate solely with the PIOPublic Information Officer’s office in all matters.

• All previously arranged time frames, personnel, and production site(s), shall be adhered to.

The PIOPublic Information Officer shall prepare appropriate memos and distribute them to all affected areas prior to any production activity or lack of any activity (in the event there are changes regarding the use of an area).

Approved crew members shall be required to wear identification (IDInstitutions Division (see DAI)) cards issued by the institution/facility that shall be surrendered upon exiting the institution/facility. (See DOMDepartment Operations Manual 31070.)

• Crew Processing

  • The PIOPublic Information Officer and Entrance Gate Officer(s) shall verify the identity of each crew member by IDInstitutions Division (see DAI), sample signature, and other visible identification prior to granting entry.

Crew members shall sign in and out at the entrance gate and, at all times, be escorted by the PIOPublic Information Officer or the PIOPublic Information Officer’s designee to pre-approved locations. The PIOPublic Information Officer shall collect and maintain possession of all issued IDInstitutions Division (see DAI) cards at the sign-out time, and shall reissue them during the next signing-in process.

The Warden/RPARegional Parole Administrator shall, in agreement with the Assistant Director, Communications, stop all production activity at any phase if, in their judgment, the production has:

• Compromised the safety and security of the institution/facility.

• Failed to adhere to the conditions stipulated in the agreement.

• Revealed evidence that indicates the company provided false information/documentation prior to being approved to conduct its planned activities.

• Violated State laws or CCRCalifornia Code of Regulations rules while on State grounds.

• Revealed (or staff have discovered) that production members conspired with an inmate(s) to circumvent CDC’s policies/procedures.

Appropriate peace officer personnel shall oversee and provide security for all production activity.

Crew members shall be under escort at all times and shall be supervised by specific peace officer personnel who are thoroughly familiar with CDC’s public information and community relations policies.

No employee shall participate in any motion picture/radio/television or other production wherein their appearance is based primarily on the fact they are employed with CDC, unless prior written approval has been granted by the Director, or designee.

It shall be considered a conflict of interest for any employee to be in the employ of the production firm. (See CCRCalifornia Code of Regulations 3413 and PCPenal Code 2540.) It shall be considered a conflict of interest for an employee in the approval or security clearance process to participate or appear in any motion picture/radio/television or other production. These employees include, but are not limited to, the Warden, institution/facility head, Chief Deputy Warden, Associate Warden, Facility PIOPublic Information Officer, Administrative Assistant to the institution/facility head, and Institution/Facility Chief of Security.

When production activities disrupt the normal routine of the institution/facility/parole region and require special arrangements and/or the assignment of additional personnel to cover the activity of the production crew, the company shall be required to pay the cost of the additional personnel, rental fees for any props, inmate clothing, incidental damages, and other appropriate expenses, excluding a “user’s fee.”

FLSAFair Labor Standards Act

• Approved “on duty” employee work hours shall be recorded on FLSAFair Labor Standards Act sign-up sheets and security coverage costs shall be billed at the current overtime rate for the top salary range in each classification represented plus benefits.

Billing

• Billing shall be done as follows:

  • The accounting office of the affected institution/facility/parole region shall prepare a statement of incurred expenditures on an OSPOffice of State Publishing Form 132-A, the standard departmental invoice.

  • The completed OSPOffice of State Publishing Form 132-A shall be sent to CFC (Attention: Permit Coordinator/Billing) who shall bill the motion picture production company on the Department’s behalf.

• All fees collected by CFC, pursuant to this section, shall be deposited in the Film Transfer Account in the State’s Special Deposit Fund for disbursement to the affected institution/facility/parole region.

If the production company wishes to utilize incarcerated persons or supervised persons returned to custody, the Joint Venture Coordinator may be contacted to determine whether incarcerated person participation can be arranged under the Joint Venture program and if so, establish the necessary billing and payment instruments. The PIOPublic Information Officer or designee shall exercise good judgment in screening and dealing with prospective incarcerated person/ supervised person participants and exclude from consideration those who are:

• High interest.

• High risk.

• Life supervised persons.

• Incarcerated persons/supervised persons awaiting trial.

• Under court ordered gag rule/minute order prohibiting the incarcerated person/ supervised person from media contact.

• Incarcerated persons diagnosed as psychotic and/or, in the opinion of their attending psychiatrist/psychologist, such participation would be detrimental to their condition.

No incarcerated person/ supervised person shall be photographed or have their voice recorded unless they have first properly signed the CDC Form 146, Incarcerated person Declaration to News Media Contact. This form shall be a permanent part of the incarcerated person’s/ supervised person’s C-File.

Controlled Conditions

• Incarcerated persons and supervised persons shall participate under carefully controlled conditions as follows:

  • The participating Incarcerated persons/ supervised persons shall be assigned as “extras” and/or to other non starring roles.

  • Incarcerated persons/ supervised persons participation, except for Joint Venture projects, shall be strictly on a volunteer basis. They shall not receive any remuneration or be entitled to any “day for day” privileges.

  • The same incarcerated persons/ supervised persons shall not be used repeatedly while they are under CDCRCalifornia Department of Corrections and Rehabilitation’s jurisdiction.

  • The incarcerated persons/ supervised persons shall not act their own “true life” parts or the part of other incarcerated persons/supervised persons.

  • Random interviews with incarcerated persons are prohibited unless specifically authorized in the CDC Form 1846.

  • The random incarcerated persons interviews shall take place at the location of the incarcerated person program. (incarcerated persons must sign a CDC Form 146)

  • The duration of the random interviews shall not exceed ten (10) minutes per incarcerated person.

• Additional guidelines addressing incarcerated person/supervised persons participation are found in DOMDepartment Operations Manual 13010 and shall be adhered to.

Public Interest

• Precautions shall be taken to avoid focusing public interest on individual incarcerated persons/ supervised persons.

Contributions

• The media/producers are welcome to contribute toward the Inmate Welfare Fund (IWFInmate Welfare Fund) and/or make other Director approved contributions to the institution/facility/parole region. Gifts and gratuities shall not be given directly to incarcerated persons/supervised persons.

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