§ 3261.5. Routine Media interviews.
15 CA ADC § 3261.5Barclays Official California Code of RegulationsEffective: April 11, 2024
Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 3. Adult Institutions, Programs and Parole
Chapter 1. Rules and Regulations of Adult Operations and Programs (Refs & Annos)
Subchapter 4. General Institution Regulations
Article 1. Public Information and Community Relations
Effective: April 11, 2024
15 CCR § 3261.5
§ 3261.5. Routine Media interviews.
(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.
(1) No inmate or parolee may have his or her visitation limited or revoked solely because of a visit or potential visit from a news media or non-news media representative, nor may an inmate or parolee be punished, reclassified, disciplined, transferred to another prison against his or her 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.
(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.
(f) News media and non-news media representatives may be permitted random face-to-face interviews with inmates or parolees 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.
Credits
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code; and Pell v. Procunier, 94 S.Ct. 2800 (1974).
History
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.
This database is current through 5/31/24 Register 2024, No. 22.
Cal. Admin. Code tit. 15, § 3261.5, 15 CA ADC § 3261.5
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