Title 501 | Chapter 006 | Regulation 300REG


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JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
(Amended After Comments)

501 KAR 6:300.News media.

Section 1.

Definitions.

(1)

"DOC" means the Department of Corrections.

(2)

"News media" means a form of mass media that focuses on delivering news to the general public, but does not include broadcast programs syndicated by independent producers, television stations, networks, or others for the primary purpose of entertainment.

(3)

"PIO" means public information officer.

(4)

"VSB" means the Victim Services Branch.

Section 2.

 

(1)

A news media request or inquiry shall be handled by the Division of Public Affairs at the DOC headquarters in Frankfort, Kentucky.

(2)

A request by a news media representative to visit an institution, probation and parole office, or other DOC office shall be reviewed on a case-by-case basis and a decision rendered by the Division of Public Affairs in conjunction with the warden, director, or commissioner.

(3)

Credentials. A state issued photo ID shall be required to verify the identity of a news media representative. An identification card issued by the reporter's place of employment may also be required if needed to verify the credentials of a media representative. In the absence of an employee identification card, the DOC may refuse admittance if the identification is suspect.

(4)

Live broadcasts including television, radio, phone, and virtual communication from inside the perimeter of an institution shall not be permitted at any time.

(5)

Arrangements for interviews and visits by representatives of the media shall be made in advance to the Division of Public Affairs. A brief summary of the purpose of the visit or interview shall be provided and shall be subject to approval. Approved interviews shall primarily be conducted virtually. Private prison and community center administrators shall refer all news media inquiries concerning DOC policies, DOC inmates, or DOC clients to the Division of Public Affairs.

(6)

The Division of Public Affairs staff shall make this administrative regulation available in advance of a media visit to ensure that members of the news media are aware of the requirements. Each news media representative shall sign a Corrections Media Release Form upon each visit to a DOC institution or office, indicating familiarity with this administrative regulation and agree to abide by it. Failure by a news media representative to comply with this administrative regulation may result in immediate removal from the institution or office and may constitute grounds for denying the representative or his or her agency permission to attend future media events within a DOC institution or office.

Section 3.

Inmate interviews and photographs.

(1)

Media representatives may be permitted to interview an inmate if the inmate gives written consent to be interviewed. A news media representative wishing to interview an inmate shall submit to the Division of Public Affairs a brief summary of the purpose of the interview, which is subject to approval.

(2)

An approved interview by a news media representative shall include only the news media representative, the inmate, and DOC staff. There shall not be anyone else present including family members, lawyers, or others.

(3)

The Division of Public Affairs may establish time limits for an interview or other media event coverage.

(4)

A news media interview shall not be permitted for an inmate in a high security unit, in protective custody, on watch, or on other significant medical or mental health status. An inmate involved in an internal affairs investigation may also be prohibited from granting interviews until that case is closed.

(5)

The news media shall not interview an inmate away from institutional grounds except with direct authorization from the commissioner.

(6)

An inmate shall not receive compensation or anything of value, in exchange for or as a result of participating in an interview. A media representative or entity who violates this stipulation may be restricted from further access to inmate interviews.

(7)

The Division of Public Affairs may grant or deny an interview request. The Division of Public Affairs may consider safety and security concerns in an interview denial. The Division of Public Affairs may terminate an interview or coverage within a DOC facility if a disruption of any type occurs.

(8)

A recording device may be used by a media representative during an interview with prior approval.

(9)

If an inmate interview is approved, the Victim Services Branch shall review the inmate's information to determine if the inmate has any registered victims. The VSB shall attempt to contact a registered victim to notify the victim of the interview in advance of the interview.

(10)

If a media visit has been approved, the media representative may take photographs of specific parts of the correctional institution or probation and parole office with approval of the appropriate warden or director.

(a)

Media shall be escorted at all times while on institutional or office grounds by the designated staff.

(b)

If news media films or photographs an inmate or an offender under supervision in which the inmate or offender may be identified, a signed copy of the Corrections Release Form shall be obtained from the inmate or offender to provide written consent before the video or photo may be shown or shared.

(11)

Parole hearings. Because parole hearings are considered an open proceeding, an inmate who appears may be filmed, photographed, or recorded without signing a consent form; however, the general provisions of this section shall still apply to any interview before or after the hearing. Interviews shall not be conducted outside the parole hearing without prior DOC approval and the inmate's written permission using the Corrections Release Form.

Section 4.

DOC Institutional Grounds.

(1)

News media wanting to video or photograph the exterior of a correctional institution shall notify the Division of Public Affairs. News media shall remain in the parking lot. Any video or photograph obtained shall not include an identifiable inmate.

(2)

High security areas, control centers, control panels and any other area designated by the warden for safety or security reasons shall not be filmed or photographed.

Section 5.

Dissemination of Information.

(1)

Dissemination of DOC information shall be the responsibility of the Division of Public Affairs including contact from a national or international news media representative.

(2)

Institutional PIOs shall assist with the announcement of an escape or other incident within an institution as needed. Every effort shall be made to notify the family of an inmate involved in the emergency prior to the release of information to the media. Names of involved staff shall not be released to the media until the designated next of kin or family is notified.

(3)

Individual staff members, contractors, or volunteers shall not respond to media inquiries unless they have received prior approval from the Division of Public Affairs.

(4)

The Division of Public Affairs shall be informed of all correspondence sent to or received from a news media representative.

Section 6.

Release of Information.

(1)

The following information about an inmate, parolee, probationer, or other releasee may be provided to the news media:

(a)

Name;

(b)

Age;

(c)

Sex;

(d)

Physical description;

(e)

Photograph;

(f)

County where crime was committed;

(g)

Crime;

(h)

Sentence;

(i)

Disciplinary information including incident and penalty;

(j)

Institutional work assignments;

(k)

Prior DOC incarceration; and

(l)

Release eligibility.

(2)

Information regarding an inmate's personal identifiers, health,mental health, medical, or juvenile criminal history, or substance use disorder treatment shall not be released except in compliance with KRS 610.015, 610.320, 610.340 and 635.120.

Section 7.

Procedures During Emergency Conditions. Admittance of a media representative to a correctional institution may be denied or limited during an emergency situation, including an escape, disturbance, fire, or natural disaster. However, with approval of the Deputy Commissioner of Adult Institutions and the Commissioner, the news media may be granted access to the institution once it is determined that access will not jeopardize the security or safety of any person.

(1)

Media staging area. A pre-designated area shall be established for the media to use as a staging area during an emergency condition. This area shall be as close to the emergency scene as possible without inhibiting the resolution of the situation. News media representatives shall be directed to the staging area upon arrival.

(2)

Press briefings. A briefing location for the media shall be established near the staging area. The news media shall be advised of developments by frequent news briefings held in the designated briefing location or press releases. A final briefing shall be held or press release provided as soon as possible after the emergency situation is resolved.

(3)

Media pools. With approval of the Deputy Commissioner of Adult Institutions and the Commissioner, a media pool may be formed to enter a correctional institution, if it is determined that doing so no longer jeopardizes the security or safety of any person. Efforts shall be made to allow the media to use their equipment while serving as a pool reporter. The media pool shall be chosen from the media representatives assembled at the staging area with the selections made by the media representatives present in conjunction with DOC designated staff.

(4)

Media pool agreement. Media selected for the media pool shall agree to ensure that all news material generated by the media pool will be made available to all media without right of first publication or broadcast.

Section 8.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Corrections Release Form", 2024; and

(b)

"Corrections Media Release Form", 2024.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Justice and Public Safety Cabinet, Office of Legal Services, 125 Holmes Street, 2nd Floor, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be obtained from the Department of Corrections Web site in the regulation filing area at https://corrections.ky.gov/about/pages/lrcfilings.aspx.

COOKIE CREWS, Commissioner
APPROVED BY AGENCY: August 5, 2024
FILED WITH LRC: September 13, 2024 at 11:35 a.m.
CONTACT PERSON: Nathan Goens, Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8216, fax (502) 564-6686, email Justice.RegsContact@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Nathan Goens
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes procedures concerning news media for the Department of Corrections.
(b) The necessity of this administrative regulation:
KRS 196.035, 197.020, and 439.470 authorize the Justice and Public Safety Cabinet and Department of Corrections to promulgate administrative regulations necessary and suitable for the proper administration of the department or any of its divisions.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The administrative regulation governs the operations of the department concerning new media. This administrative regulation complies with the requirements to promulgate administrative regulations as stated in (b).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The administrative regulation establishes the procedures that govern the operations of the Department of Corrections and its institutions concerning news media. It provides direction and information to department employees, inmates, and news media concerning the operations of the department.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects the Department of Corrections, approximately 3,900 employees, 23,995 inmates, community offenders on probation and parole, and news media.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Staff, offenders, and news media will have to change their actions to comply with operational procedures.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An exact cost of compliance is unknown, but it is not anticipated that current costs will increase.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The operational procedures will assist in the effective and orderly management of the department, its correctional institutions, and offices.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An increase in cost is not anticipated.
(b) On a continuing basis:
An increase in cost is not anticipated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Department of Corrections budgeted funds for the biennium.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The administrative regulation does not establish any fees.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.

FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 196.035, 197.020, 197.110, 439.470
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Department of Corrections, its correctional institutions, and offices
(a) Estimate the following for the first year:
Expenditures:
The administrative regulation impacts how the department, its correctional institutions, and offices operate but is not expected to increase expenditures.
Revenues:
The administrative regulation does not generate revenue.
Cost Savings:
Cost savings are not anticipated.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The administrative regulation is not expected to change expenditures, revenues, or cost savings in future years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Affected local entities have not been identified.
(a) Estimate the following for the first year:
Expenditures:
Revenues:
Cost Savings:
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
(4) Identify additional regulated entities not listed in questions (2) or (3):
News media entities that wish to interview inmates or participate in department news media events will have to comply with the requirements in the administrative regulation including providing signed releases.
(a) Estimate the following for the first year:
Expenditures:
News media representatives will need to expend an unknown amount of time to obtain required releases for interviews and event participation. An amount for expenditures is unknown.
Revenues:
The administrative regulation does not generate revenue.
Cost Savings:
Cost savings are not anticipated.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The administrative regulation is not expected to change expenditures, revenues, or cost savings in future years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
The administrative regulation impacts how the department, its correctional institutions, and offices operate but is not expected to have a fiscal impact. The administrative regulation replaces in part an administrative regulation that is being repealed.
(b) Methodology and resources used to determine the fiscal impact:
The administrative regulation replaces in part an administrative regulation that is being repealed. The policy and procedure incorporated by reference in the administrative regulation being repealed was reviewed. A fiscal impact was not identified.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
An overall negative or adverse major economic impact is not anticipated.
(b) The methodology and resources used to reach this conclusion:
The administrative regulation being repealed is being replaced in part by this new administrative regulation.

7-Year Expiration: 5/17/2031

Last Updated: 9/24/2024


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