Md. Code Regs. 12.02.04.03 - Media Relations
A.
Access to Public Information.
(1) The
Commissioner and each warden shall encourage and develop mutual cooperation
with media representatives, and permit the greatest possible access to public
information within the limitations of applicable statutes and within
operational limitations.
(2) An
employee of a Division facility shall refer all media inquiries to the
warden.
(3) The warden shall
determine whether media inquiries will be forwarded to the Public Information
Office of the Division.
(4)
Division employees who provide information to media representatives shall
ensure that the information is:
(a) The best
available;
(b) Truthful, objective,
and accurate; and
(c) Limited to
the information authorized for release under the Maryland Public Information
Act, State Government Article, §
10-611
et seq., Annotated Code of Maryland.
B. Visits by a Media Representative.
(1) A representative of the media may visit a
correctional facility and an inmate confined there for the purpose of
conducting a recorded interview only with prior approval of the
warden.
(2) The warden shall ensure
that the Division Public Information Office is notified of a media
visit.
(3) A media representative
shall be required to produce evidence of media employment or authorization
which shall be subject to verification before admission to the
facility .
(4) A representative of
the media shall conduct an interview with an inmate within a normal visiting
area unless otherwise approved by the warden , consistent with security needs
and routine activities of the institution.
(5) An inmate has the right to refuse to be
interviewed and a right to refuse to be photographed.
(6) An inmate may have a photograph taken, be
filmed, or otherwise be interviewed only if the inmate agrees in writing and
has the prior approval of the warden .
(7) The warden shall ensure that a signed
authorization indicating inmate approval is placed in the inmate's base
file.
C. Release of
Information on Inmates.
(1) Information
regarding inmates confined in the Division or subject to its jurisdiction may
not be released except pursuant to statutory authorization under State
Government Article, §
10-611
et seq., Annotated Code of Maryland, or another applicable statute.
(2) Medical, psychological, and sociological
data is confidential and may not be released without proper
authorization.
(3) Certain other
information including details of a pending investigation may be exempt from
disclosure.
(4) Release of
information regarding the identity of an inmate confined to a correctional
facility is limited to the following:
(a) Name
of inmate;
(b) Criminal offense for
which the inmate has been incarcerated (prior criminal history
excluded);
(c) Length of
sentence;
(d) Jurisdiction where
convicted;
(e) Status, if confined
for either evaluation or committed as an eligible person to Patuxent
Institution;
(f) Date received (and
date of escape if an escapee); and
(g) If the inmate who was the subject of the
inquiry is on escape, a physical description may also be released as well as a
photograph, if available.
(5) If a warden has a question regarding the
legality of the release of information, the warden shall contact the Division
public information officer who shall consult the Department of Public Safety
and Correctional Services' counsel for advice before release.
D. Request for Information After
Business Hours. Division staff who receive a request for information after
normal business hours shall refer that request to the warden or the Public
Information Office.
E. Emergencies.
(1) The warden shall ensure that the Division
Public Information Office is immediately notified when an emergency or
nonroutine incident occurs.
(2) The
Division public information officer shall be responsible for the release of
information about the event.
(3) At
the discretion of the warden and in consideration for public safety, basic
information about an event may be released by the warden .
(4) The public information officer, with the
advice and consent of the warden , shall establish media staging and parking
areas. A representative of the media shall remain within the designated areas
and shall be briefed by the public information officer.
(5) A news media briefing is conducted in
accordance with the following:
(a) The public
information officer shall prepare and present a preliminary briefing to the
news media within 1 hour after arrival. During this briefing, the news media
shall be informed of security procedures and safety requirements that will
affect them, the nature of the emergency, and background information on the
institution.
(b) At this time, a
briefing timetable shall be established which permits news media
representatives to meet their deadlines.
(c) It shall be clearly explained to the news
media that an inmate within the institution can monitor radio and television
reports, and this will prevent the release of certain information which could
jeopardize security or response tactics.
(d) If, during the course of negotiations, an
inmate requests that a member of the media be present and if that request is
granted by the warden or Commissioner , then the media representative should be
advised that he or she is expected to brief all other members of the media on
site within 1 hour after negotiations have ended.
(e) Representatives of the news media are not
permitted into areas of the institution other than the news media briefing area
for any purpose without the approval of the warden . A request for pool
photography or news media tours, or both, may be considered by the warden after
the emergency is under control. Representatives of the media shall be advised
that efforts to enter, or to have another person enter, the prohibited area for
the purposes of filming the event or interviewing inmates is not allowed. If
the public information officer has reason to believe that a restriction of
aircraft overflights is necessary, the officer shall notify the Federal
Aviation Administration to seek this restriction.
(6) The Commissioner may prohibit the use of
television or photographic equipment on the grounds of a correctional facility ,
if use of the equipment would make the situation worse and further jeopardize
the safety of the facility .
Notes
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