29 Miss. Code. R. 1-1-9.2.4

Current through October 10, 2024
Rule 29-1-1-9.2.4 - PROCEDURES
1.Administration of Correctional Agencies (Central Office): Written policy, procedure, and practice provide for a public information program that is reviewed and updated at least annually [2-CO-1A-25].

The Commissioner or designee will provide general information to the public and to other justice agencies, the agencys goals, objectives, and programs. The public information program will be reviewed and updated annually.

2.Adult Correctional Institutions:Written policy, procedure, and practice provide for a public information program that encourages interaction with the public and the media [4-4020].
3.Adult Community Residential Services:There is a public information policy that encourages interaction with the public and the news media [4-ACRS 7F-01].
4.Adult Probation and Parole Field Services:Written policy, procedure, and practice provide for a public information program that encourages contacts with the public and communication media; the policy and procedure are disseminated to employees and media representatives [PP 3-3027].

MDOC encourages interaction with the public and the news media. Communications staff will define the scope of information to be released as outlined by the Mississippi Open Records Act and Freedom of Information policy and procedure. The policy and procedure are disseminated to employees and media representatives.

5. Adult Probation and Parole Field Services:Written policy, procedure, and practice govern the dissemination of case information to the public, and addresses confidentiality requirements, and the designation of who provides such information [PP 3-3029].
A. Communications staff and employees as designated by the Commissioner may release the following information about a current or former individual who may have been under the custody, care or control of MDOC:
1. Name
2. Age
3. Date of birth
4. MDOC Number
5. Sex
6. County where the crime was committed
7. Crime
8. Sentence
9. Prison transfers (dates and locations only)
10. Outside court actions regarding confinement and release
11. Rules Violation Report actions (charges and decisions only)
12. Nature of injury
13. Prior MDOC incarceration
14. Release eligibility
15. Death (identity of a deceased inmate will be withheld until next-of-kin has been notified or 24 hours following death, whichever occurs first.)
16. Cause of death when report is received can be released after the next-of-kin has been notified or 24 hours following death, whichever occurs first
17. Photos (if the Commissioner determines there is no security risk involved)
18. Other information will be released to the news media at the discretion of the Communications Director or designee
B. MDOC employees, including Communications Division staff, will not:
1. Release confidential information as defined in the Mississippi Open Records Act and other applicable state laws.
2. Release information regarding psychiatric, medical or juvenile criminal histories of MDOC inmates.
3. Offer personal opinions or interpretations concerning the possible guilt or innocence of a suspect or the credibility of a witness.
4. Identify victims of serious crimes, accidents or deaths until the next-of-kin has been notified.
5. Make comments on political issues which are inconsistent with the Departments position.
6. Offer value judgments about Departmental written instructions
7. Offer value judgments about persons or agencies
6.Requests for Information
A.Adult Correctional Institutions:Written policy, procedure, and practice provide that requests from federal, state, and local legislators and executives for information about operations or specific inmates are responded to promptly by facility staff and with due regard to privacy protection statutes [4-4019].
B.Administration of Correctional Agencies (Central Office): Written policy, procedure, and practice provide for timely response to inquiries from the public and other agencies [2-CO-1A-26].

The Commissioner or designee will provide prompt attention to citizen concerns and proper follow up in assuring individual and general public acceptance of system and agency credibility.

C.Administration of Correctional Agencies (Central Office): Written policy, procedure, and practice provide for contact with representatives of the news media [2-CO-1A-27].

The Commissioner or designee will be available to the public and to representatives of the media.

D.Administration of Correctional Agencies (Central Office): Written policy, procedure, and practice establish the agencys commitment to informing the public and the media of events within the agencys areas of responsibility. The procedures address emergency and non-emergency responses to the media and, at a minimum, include the following:
1.the identification of areas in the facility that are accessible to media representatives
2.the contact person for routine requests for information
3.identification of data and information protected by federal or state privacy laws, or federal and state freedom of information laws
4.special events coverage
5.news-release policy
6.the designation of individuals or positions within the agency authorized to speak with the media on behalf of the agency [2-CO-1A-27-1].
E. A master copy of all press announcements, press releases, fact sheets, and newsletters published and disseminated by MDOC will be kept in the master files of the Communications Division.
F. MDOC employees are to refer all media inquiries to the Communications Division The Communications Division staff will:
1. Respond to telephone calls from media, elected and appointed officials, government agencies and the public for general information (i.e., inmate/offender population, cost per inmate day, prison capacity, offender history).
2. Ask for written freedom of information requests for information of a more specific nature (i.e., ad hoc reports that require assistance from the Management Information Systems Division, the Policy, Planning, Research and Evaluation Division or any other division).
3. The Communications Director, Communications Specialists, or designee will make the official request to the appropriate division.
4. The Communications Division will not transfer any member of the media to another division to request information.
5. Once the request for information is completed, the division providing the factual information will return the supporting documentation to the Communications Director, Communications Specialists, or designee who made the original request.
6. The Communications Division member receiving the supporting documentation will review the information and discuss the findings with the Commissioner prior to dissemination.
7. A record of each written freedom of information request and supporting documentation will be kept in the master files of the Communications Division.
7.Information to the Media and Public
A.Adult Correctional Institutions:Written policy, procedure, and practice establish the facilitys commitment to informing the public and the media of events within the facilitys areas of responsibility. The procedures address emergency and non-emergency responses to the media and, at a minimum, include the following:
1.the identification of areas in the facility that are accessible to media representatives, consistent with preserving inmates right to privacy and maintaining order and security
2.the contact person for routine requests for information
3.identification of data and information protected by federal or state privacy laws, or federal and state freedom of information laws
4.special events coverage
5.news-release policy
6.the designation of individuals or positions within the agency authorized to speak with the media on behalf of the agency [4-4021]
B.Adult Probation and Parole Field Services:Written policy, procedure, and practice establish the agencys commitment to informing the public and the media of events within the agencys areas of responsibility. The procedures address emergency and non-emergency responses to the media and, at a minimum, include the following:
1.the identification of areas in the facility that are accessible to media representatives;
2.the contact person for routine requests for information;
3.identification of data and information protected by federal or state privacy laws, or federal and state freedom of information laws;
4.special events coverage;
5.news-release policy; and
6.the designation of individuals or positions within the agency authorized to speak with the media on behalf of the agency [PP 3-3028].
C. Communications Division members will proactively work with the staff to identify, write, and disseminate information related to the department that falls under Mississippi Open Records laws and MDOC policy and standard operating procedures.
D. The Communications Director or designee will be the direct point of contact for information related to MDOC policy and procedure, legislative initiatives, and assist the Commissioner with speeches and requests for comments on behalf of the department.
E. The Communications Division located at MDOC Central Office will be the direct point of contact for information related to institutions and other MDOC facilities, offenders and special events.
F. The Communications Division will assist and coordinate with the Human Resources Division on information to be published in The Resource.
G. A master copy of all press announcements, press releases, fact sheets, and newsletters published and disseminated by MDOC will be kept in the master files of the Communications Division.
8.Press Conferences, Requests for Interviews, Tours and Special Events
A. The Communications Division will coordinate with the Commissioner or designee on all press conferences or press release opportunities, whether initiated by MDOC, the Governors Office, local, state, or federal agencies, or other organizations.
B. The Communications Director, Communications Specialists or designee will coordinate with the Commissioner on requests for interviews.
C. The Commissioner will be the only one to designate a spokesman other than himself for interview requests related to MDOC policy and procedure, legislative matters, or comments on behalf of the department.
D. Requests received by the Communications Division (written or by telephone) from individuals, businesses, organizations, civic groups, and other local, state, and federal agencies to tour prison facilities will be referred to the prison tour guide.
E. The prison tour guide may ask the Communications Division staff to assist in the coordination and completion of the tour.
F. The Communications Division will coordinate with the Commissioner and the Human Resources Division on special events that involve participation by employees.
G. The Communications Division will also coordinate with the Commissioner and appropriate Deputy Commissioner for special community events.
H. The Communications Specialists will be the point of contact for special events that involve offenders and occur at MDOC facilities.
I. The Communications Director will serve as the point of contact in the event the Communications Specialists are unavailable.
9.Extraordinary Event or Critical Incident
A. During an extraordinary event or critical incident, all media inquiries will be directed to the Communications Director, Communications Specialists or designee.
B. If necessary, a team from the Communications Division will be dispatched to the scene of the event to work with the Commissioner, Deputy Commissioner, or designee in the release of information to the media and public.
C. Institutions, Community Work Centers, Restitution Centers, Regional Jails, Private Facilities, and Field Officers are responsible for notifying the Communications Division Duty Officer.
D. If the extraordinary event or critical incident pertains to an issue that will effect the entire department or will generate significant media coverage, the Communications Division Duty Officer will notify the Communications Director and coordinate the collection and dissemination of information related to the event.
E. The Communications Director or designee will request additional staff if necessary.
F. The Communications Director will work with the Deputy Commissioner of Institutions and the Deputy Commissioner of Community Corrections to develop Public Information Teams at each facility and each region.
G. These teams will assist the Commissioner, Deputy Commissioners, and Communications Division in the collection, coordination and dissemination of information related to an extraordinary event or critical incident.
10.Death Row and Executions
A. The Communications Director, Communications Specialists or designee will coordinate with the Commissioner, Deputy Commissioner of Institutions, and Superintendent of the Mississippi State Penitentiary (MSP) on all public information activities related to Death Row and executions.
B. They will coordinate with legal representative of the Attorney Generals Office to develop media procedures as related to Death Row and executions.

29 Miss. Code. R. 1-1-9.2.4

Miss. Code Ann. § 25-61-1, 47-5-10.