N.Y. Comp. Codes R. & Regs. tit. 7 § 51.15

Current through Register Vol. 46, No. 45, November 2, 2024

Section 51.15 - Media interviews

(a) Inmates confined in a facility under the Department of Correctional Services of the State of New York have a limited constitutional right to be visited and interviewed by representatives of the news media.

(b) Representatives of the news media have a qualified right to visit and interview an inmate confined in a correctional facility who wishes to be visited and/or interviewed.

(c) Inmate eligibility.

(1) Inmates who are in general confinement status may, at the discretion of the commissioner, receive face-to-face media interviews.

(2) Inmates who are in administrative segregation status may, at the discretion of the commissioner, substitute one media interview for their one non-legal visit per week.

(3) Inmates in pre-hearing confinement status or serving a disciplinary confinement sanction, which includes disciplinary status special housing units and keeplock, will not be approved for media interviews regardless of where they are housed.

(d) Such interviews shall be held at a time, place and under such conditions as prescribed by the superintendent of the facility and convenient to the operation and administration of the facility consistent with the safety and security thereof.

(e) Arrangements for specific, individual interviews with inmates are to be made through the office of public information. Inmates will be advised of the request for interview by the respective media source in writing and if the inmate approves, such interview may be granted.

(f) Inmates whom a reporter desires to interview must be advised of such request for an interview. Both the reporter seeking the interview and the inmate sought to be interviewed may write in support of such request for interview.

(g) Interviews between representatives of the news media and an inmate shall be supervised. But the security staff supervising such interview shall do so in a manner that minimizes interference consistent with the safety, discipline and orderly administration of the correctional facility.

(h) The commissioner or his or her designee may refuse to permit such inmate - news media interview where such interview presents a clear and present danger to the security, discipline or orderly administration of the correctional facility or where the inmate has clearly abused his right of access to the news media by prior conduct in violation of the Standards of Inmate Behavior, section 270.2B of this Title.

(i) The inmate and the representative of the news media shall have the right to appeal media denials to the commissioner.

(j) An inmate who is interviewed by representatives of the news media shall not be subjected to departmental discipline or any other adverse action for participating in the interview or for the views expressed therein.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 51.15