# COMAR Title 12 — Department of Public Safety and Correctional Services

## Subtitle 02 — Division of Correction

### Chapter 04 — Public and Media Relations

**Authority:** Correctional Services Article, §2-109(c), Annotated Code of Maryland

**Administrative History:** Effective date: May 27, 1991 (18:10 Md. R. 1117)

#### Regulation .01 Definitions.

*COMAR 12.02.04.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Commissioner” means the Commissioner of the Division of Correction or a designee.

  (2) “Division” means the Division of Correction.

  (3) “Subunit” means the Division of Correction institutions, minimum security State or contractual prerelease units, and State Use Industries.

  (4) “Warden” means the warden or a designee.

#### Regulation .02 Public Relations.

*COMAR 12.02.04.02*

A. The Commissioner shall ensure that Division headquarters and each subunit:

  (1) Respond to citizens' inquiries and complaints transmitted either in writing, by telephone, or through personal visits;

  (2) Designate a person to handle inquiries or complaints; the public relations representative may refer a matter to a more appropriate individual or agency for a response;

  (3) Ensure that switchboard operators, receptionists, mail room personnel, and other staff refer citizen telephone calls, mail, and visitors to the unit's designated public relations representative.

B. Telephone Communication. The Commissioner shall ensure that a person who answers telephone calls from the public for Division headquarters and Division subunits is trained in the following:

  (1) Mechanics of the telephone system;

  (2) Proper telephone courtesy;

  (3) Prompt attention to calls; and

  (4) Use of directories to forward a caller to the appropriate person.

C. Written Communication. Division headquarters and each subunit shall ensure that:

  (1) Written communication is stamped with the name of the facility and the date immediately upon receipt.

  (2) A written communication requiring response is responded to within 10 business days of receipt.

  (3) An interim response is sent to a citizen when the communication cannot be properly responded to within the 10 business days' requirement. The warden shall ensure that the interim response addresses the following:

    (a) The individual responsible for reply;

    (b) The reason for the delay, if it can be stated;

    (c) The telephone number of the individual responsible for reply; and

    (d) An estimate as to when a reply will be made.

D. Personal Visit. Division staff encourages an appointment when a citizen wishes to speak in person with a Division staff member about an inmate. Each warden shall:

  (1) Ensure that a clear and current notice is posted within the visitor area to notify a visitor as to where information may be obtained.

  (2) Ensure that an employee having contact with a visitor to Division headquarters, or a Division subunit, is adequately prepared and has available appropriate information which may be of use to the visitor.

  (3) Designate a person to handle visitors' requests during posted business hours. A citizen may call to confirm business hours for a specific Division subunit.

E. Inquiry.

  (1) The process for referring a visitor inquiry is as follows:

    (a) Each inquiry, complaint, or request shall be accepted;

    (b) If an inquiry, complaint, or request is not resolved immediately, it shall be:

      (i) Referred to an appropriate person for further handling, or

      (ii) Recorded for future processing; or

    (c) The inquirer shall be advised of information required to direct the request to a more appropriate agency to obtain the information requested.

  (2) Each warden shall ensure that a citizen making an inquiry is advised when the inquiry is referred to another agency, by being sent a copy of the referral letter, which shall include the reason for referral to another agency for response.

F. Each warden shall ensure that appropriate staff receive a copy of the citizen response plan and receive orientation in those procedures.

#### Regulation .03 Media Relations.

*COMAR 12.02.04.03*

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.

#### Regulation .04 Citizens' Tours of Division Institutions and Facilities.

*COMAR 12.02.04.04*

A. A citizen may request a tour of a Division facility by a letter to the warden or unit manager of the facility. The letter shall include:

  (1) The requested date and time for the tour;

  (2) A telephone number and address for the tour applicant;

  (3) The reason or reasons for the tour; and

  (4) The number of citizens who are to participate in the tour.

B. A citizen shall mail a letter requesting a tour of a Division facility at least 4 weeks before a requested tour date to allow for a warden's review of the request and response to the applicant.