Utah Admin. Code 251-106-3

Current through Bulletin 2024-23, December 1, 2024
Section R251-106-3 - Standards and Procedures
(1) It is the policy of the UDC to permit press access to facilities, inmates, supervised offenders and information. Access shall be:
(a) consistent with the requirements of the constitutions and laws of the United States and State of Utah;
(b) at a level no more restrictive than that allowed the general public.
(2) Access by news media members shall be restricted:
(a) when the UDC finds it necessary to further its legitimate governmental interests, or to maintain safety, security, order, discipline and program goals;
(b) to conform with statutory and constitutional privacy requirements as interpreted by binding case precedent;
(c) when information or access would be contrary to state interests on matters under litigation; or
(d) to safeguard the privacy interests of those under the supervision of the UDC.
(3) The UDC shall make all reasonable efforts to see that the public is kept informed concerning its operations by:
(a) participating and cooperating with the news media to communicate the UDC's mission, goals, policy, procedures, operation, and activities;
(b) providing information in a timely manner, while avoiding disruption or compromise of the UDC's legitimate interests; and
(c) releasing information in accordance with the policy, procedures and requirements of law to provide the public with knowledge about:
(i) UDC philosophy, operations and activities; and
(ii) significant issues and problems facing the UDC.
(4) Inmates shall not be denied the opportunity to communicate with the news media. However, the UDC reserves the right to regulate the manner in which the communication may occur, including:
(a) defining the channels of communication and the circumstances of their use; and
(b) temporarily suspending communication during exigent circumstances including:
(i) riots;
(ii) hostage situations;
(iii) fires or other disasters;
(iv) other inmate disorders; or
(v) emergency lock-down conditions.
(5) Because the UDC faces special management problems with the prison's operation from face-to-face interviews between inmates and the news media:
(a) news media members' requests for face-to-face interviews shall be reviewed on a case-by-case basis by considering the mental competence of the inmate, pending appeals, safety, security, and management issues of the institution;
(b) requests for face-to-face interviews shall be submitted to the Public Information Officer; and
(c) interviews which the UDC determines will jeopardize its legitimate interests, or those of a prison facility, shall not be approved.
(6) Access to executions by the news media shall be consistent with the requirements of Section 77- 19-11, of the Utah Code.
(7) News media members shall obtain UDC-issued media identification or shall receive special permission for access to prison property or other UDC Facilities. Special permission may be granted only by the Public Information Officer or Executive Director.
(8) No equipment shall be taken inside the facility unless specifically approved by the Public Information Officer, Deputy Director, or Executive Director. Filming or other recording visits are separate issues and involve individual consideration and decisions.
(9) Ground rules for each opportunity for facility access, filming or recording shall be determined prior to entry.
(10) Access may be terminated at any time without warning, if:
(a) the conditions, ground rules, or other regulations are violated by news media members involved in the access opportunity;
(b) an inmate disorder or other disruption develops;
(c) staff members detect problems created by the media visit which threaten security, safety or order in the facility; or
(d) other reasons related to the legitimate interests of the UDC are present.
(11) Deliberate violation of regulations or other serious misconduct during a facility visit:
(a) shall result in the temporary loss of UDC-issued media identification; and
(b) may result in the permanent loss of UDC-issued media identification.

Utah Admin. Code R251-106-3