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MEDIA INTERVIEWS D-420 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: NEWS MEDIA ACCESS AND INTERVIEWS NO: D-420 FILE: MEDIA INTERVIEWS EFFECTIVE DATE: 08-08-17 REVISED: 07-01-18 AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: Penal Code Sections 148, 647c, 4570, 4570.1 and 4575; Pell v Procunier, 417 U.S. 817 (1974); Houchins v KQED, 438 U.S. 1 (1978); and the First Amendment to the United States Constitution. PURPOSE: The purpose of this policy is to provide procedures governing access by media representatives to Sheriff's Office facilities, staff, and inmates. POLICY: It is the policy of the Fresno County Sheriffs Office Jail Division to provide avenues of communication for representatives of the media and inmates to interconnect. Limitations of access to the Jail facilities are imposed to minimize the risk to security and order, protect the safety of individuals, observe the rights of victims, and maintain legitimate penological interests. When granting consideration for media access, due consideration will be given to those factors, as well as any which might threaten the safety of the institution in any way, glamorize crime, provide publicity or a disproportionate degree of notoriety and influence for an inmate, or unnecessarily intrude upon the personal privacy of inmates and staff. PROCEDURES: I. MEDIA ACCESS TO PERSONS IN CUSTODY News media representatives have no greater right of access to detention facilities or inmates than any other member of the public. News media representatives who wish to attain contact with an inmate shall be advised to contact the inmate via the U.S. Postal Service. (Refer to Addendum A for media access instructions.) Personal messages and faxes will not be forwarded, and letters dropped off at the Jail will not be hand-delivered. Page 1 of 6 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: NEWS MEDIA ACCESS AND INTERVIEWS NO: D-420 FILE: MEDIA INTERVIEWS A. Media representatives may contact any inmate by mail. It is not necessary to notify the Sheriff's Office before communicating with an inmate. Incoming letters are opened, inspected for contraband, subject to be read, and then forwarded to the inmate. B. All inmates (with the exception of those on discipline or administrative action) have access to telephone use between the hours of 8.00 am and 9.30 pm each day. When corresponding with an inmate, media representatives may provide a telephone number where an inmate can call them collect. It is up to the inmate to initiate the call. Telephone calls are limited to twenty (20) minutes and may be recorded. Media representatives may also record the call with the inmate's permission. C. Media representatives may contact inmates using the social visit procedure. A visit by news media shall be considered a social visit, not a professional visit. When corresponding with an inmate, media representatives may ask the inmate to have their name placed on the inmate's visiting list. News media representatives should be advised and expected to observe the following procedures- 1. The interview will take place either remotely, or through a non- contact visit window. News media will not have face-to-face contact access. 2. The media representative will 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 subject to search. 3. Possession of any cellphone, camera, wireless microphone, or other recording device within a facility is prohibited unless specifically authorized by the Sheriff. 4. The visit is limited to thirty (30) minutes, unless granted approval otherwise. D. The Public Information Officer does not process requests for interviews. Page 2 of 6 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: NEWS MEDIA ACCESS AND INTERVIEWS NO: D-420 FILE: MEDIA INTERVIEWS II. MEDIA ACCESS TO FACILITIES AND ROUTINE INTERVIEWS The Sheriff's Office has the responsibility to protect the privacy, safety, and other rights of inmates and members of the staff. Furthermore, the Sheriff's Office is committed to protecting crime victims from the unnecessary disclosure of information that may traumatize victims, family, and friends, or glamorize criminals and their actions. Accordingly, media access to the secured areas of the Jail facilities shall be regulated to ensure the orderly and safe operation of the Jail. A. Facilities, on-duty staff, inmates, or records under control of the Sheriff's Office shall not be used in conjunction with filmmaking, radio, or television programs, or the writing of books magazine articles, or syndicated stories, without prior approval of the Sheriff. B. While inside the secured area of a facility, all media representatives shall be under direct supervision of the PIO, a Watch Commander, Bureau Commander, or their designee. C. 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 security of the facility. 1. Such interviews shall be conducted as stipulated by the Sheriff (or designee), including restricting the time, place, and duration of interviews, and size of technical crews. 2. Photographing, filming, or video recording Jail Division staff within a facility or other non-public area is permissible only with prior consent of each employee. D. Media representatives may be permitted random face-to-face interviews with inmates. Such interviews shall be conducted as stipulated by the Sheriff (or designee), including restricting the time, place, and duration of interviews, and size of technical crews. Inmates may not participate in specific-person face-to-face interviews except as provided in Section I of this policy. E. Photograph, film, videotape, digital videotape, or any other recorded media (other than for official purposes), which reveal an inmate's identity, shall be subject to the following conditions: Page 3 of 6 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: NEWS MEDIA ACCESS AND INTERVIEWS NO: D-420 FILE: MEDIA INTERVIEWS 1. Sentenced inmates shall be required to sign a Consent and Waiver for Media Contact form before any photographing, filming, video- taping, or video recording that clearly identifies the individual. A copy of the completed/signed form shall be scanned into the inmate's records. 2. Pre-trial detainees and sentenced inmates with pending charges will not be permitted to be interviewed or otherwise clearly identified due to the various notifications that would need to be made (e.g., inmate's attorney, district attorney, court, federal marshals) and the amount of time needed to contest the interview (if applicable). 3. An inmate's consent is not required where individuals in such settings as an exercise yard or classroom are not singled out or where the identity of the inmate is not revealed; however, before any photographs are taken or filming is done, inmates shall be advised so those who do not want to be recognized may turn away or leave the area. 4. Media interviews shall not be permitted with an inmate suffering from a mental illness when, in the opinion of a mental health clinician, the inmate is not capable of giving informed consent, or their condition may be worsened by such an interview. F. The use of cameras or recording equipment shall be approved in advance. Before photographers and camera operators enter the secured area of a Sheriff's Office facility, they shall be informed of any restrictions, including that photographs or recordings are prohibited of: 1. Persons without their consent. 2. Procedures, equipment and structures which could compromise security. G. Any photographs, film, videotape or other recording taken within a facility in violation of these regulations shall be seized and placed undamaged, undeveloped and unviewed in a secure area. The media representative's supplies and equipment shall not be damaged. Page 4 of 6 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: NEWS MEDIA ACCESS AND INTERVIEWS NO: D-420 FILE: MEDIA INTERVIEWS III. PUBLIC PLACES A. All contact with the public, including photographers and members of the news media, are to be conducted in a professional and polite manner. B. Unless one of the exceptions apply under subsection III(C), staff cannot prohibit any person (media or citizen) from photographing, filming, videotaping, or otherwise recording any department facilities, employees, inmates, or equipment in any public place. This includes- 1. Inmate work crews and inmates being transported on public streets. (The execution of a consent and waiver form is not necessary in order for media personnel to photograph an inmate who is in the public domain.) 2. Non-secured areas of the facilities (e.g., a facility lobby, or any other area where the public generally has unrestricted access). C. Prohibited activities include- 1. Interrupting, interfering, or communicating with an inmate being transported or working outside of the facility without prior authorization of a Watch Commander (or higher authority). 2. Impeding or interfering with the safety or the ability of an officer to perform their duties. 3. Interrupting, interfering, or impeding the ability of any individual (citizen, professional visitor, or other) from conducting business at the Jail. 4. Obstructing the free movement of any person in front of the Jail, on the sidewalk, in the street, or inside a lobby or other public place. 5. Attempting to incite others to violate the law. 6. Criminal behavior or terrorist reconnaissance activity. D. If necessary, the individual should be asked to step out of the way or direct them to an area where they do not interfere (but not any farther than is necessary to end a violation). Such persons should not be ordered to "leave the area" or "go home." Page 5 of 6 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: NEWS MEDIA ACCESS AND INTERVIEWS NO: D-420 FILE: MEDIA INTERVIEWS E. If a person refuses to cooperate with lawful instructions, the Watch Commander should be notified. The person may be arrested for a violation of Penal Code Section 148 or other related offense (e.g., Penal Code Section 647c). IV. STOCK VIDEO FOOTAGE AND STILL PHOTOGRAPHS The PIO maintains a library of stock video footage and still photographs and makes these available to the media upon request. V. DISSEMINATION OF INFORMATION TO THE NEWS MEDIA Refer to D-410/Public Information (FILE: INFORMATION) Page 6 of 6