The Media Relations Administrator is the primary official spokesperson for the Department. The Deputy Director, Division Directors, Deputy Division Director, Regional Operations Directors, Regional Health Administrators, Wardens, Deputy Wardens, Bureau Administrators may act as the Media & Public Relations Liaison for the purpose of meeting with news media representatives at the direction of the Director.

• The Media & Public Relations Administrator shall promptly respond to requests for information from any news media representative or organization and ensure prompt response to requests for public records under A.R.S 39-121.01. If a question arises as to the source of any request, the individual receiving the request shall contact the Media & Public Relations Administrator for clarification.

• The Division Director for Offender Operations shall provide responses to requests for information pertaining to individual inmates incarcerated in the Department and for information pertaining to offenders under community supervision.

• The Division Director for Program Services shall provide responses to requests for information pertaining to inmate programs, including Counseling and Treatment, Religious and Volunteer Services, and information concerning inmate classification, inmate medical and mental health issues and inmate time computations and releases.

• The Division Director for Support Services shall provide responses to requests for financial and budgetary information, requests pertaining to construction matters and pertaining to prison population and population projections; aggregate information concerning personnel, training, and staff development; and aggregate information concerning inmates and releasees.

APPLICABILITY

This Department Order is applicable whenever any staff member, acting in an official capacity, makes contact with news media representatives. Contract Beds employees shall coordinate media activities pertaining to Department-related issues through the appropriate Department employee. For information related to:

• Access to information pertaining to a specific inmate, see Department Order #901, Inmate Records Information/Court Action.

• Inmate medical records/information, see Department Order #1104, Inmate Health Records,

• Legislative requests for information, see Department Order #110, Legislative Activities.

• The response to all information regarding legal matters and compliance with subpoenas, see Department Order #107, Legal Assistance.

• Requests for information about employees, see Department Order #507, Employee Record System.

• Inmate hospitalization and death notifications, see Department Order #711, Notification Of Inmate Hospitalization or Death.

PROCEDURES

1.1    As a public agency, all Department records are public.

1.2    All Department records are potentially subject to disclosure.

1.3    Department records that fall into one or more of the following four categories are considered confidential (i.e., "public" records not subject to disclosure):

1.3.1    Records that, if disclosed, would create an invasion of privacy, for example, home addresses and personal telephone numbers of all employees.

1.3.2    Records deemed confidential by statute. (See Attachment A)

1.3.2.1    The Legal Services Unit shall maintain a list of statutory provisions identifying records that are confidential (see Attachment B.) They shall forward revisions to the list to the Policy Unit and to the Media & Public Relations Office and the Information Technologies Bureau.

1.3.2.2    Statutes in Attachment B may contain provisions for limited confidentiality or may contain waiver provisions. If a question regarding confidentiality arises, staff shall refer to the statute or contact Legal Services Unit for assistance.

1.3.2.3    The Information Technologies Bureau shall ensure that the list provided by Legal Services is posted on the Department=s Intranet and Internet pages.

1.3.3    Records that are classified as confidential in the Arizona Administrative Code (AAC). AAC R2-5-105 specifies who may have access to official personnel files, and under what circumstances.

1.3.4    Records or information that, if released, would harm legitimate Department interests, for example, access to tape recordings of telephone calls. In such cases, the person denying the request shall be prepared to state a specific Department interest that is at stake and the harm that would occur if such information were released.

1.4    Employees shall not discard or dispose of records or documents without redacting the information or destroying the records or documents that contain an individual's first and last name, or first initial and last name in combination with a correspondence with a complete:

1.4.1    Social Security Number.

1.4.2    Credit card, charge card or debit card number.

1.4.3    Retirement account number.

1.4.4    Driver License number or non-operating identification license number.

1.4.5    Savings, checking or securities entitlement account number.

1.5    In some instances, only a small portion of the information contained in a requested record is deemed confidential. In such cases, the record may be released when the confidential portion has been redacted. A notation shall be made on the released document(s) that the portions of the document are restricted or confidential have been redacted.

1.6    In circumstances where the confidentiality of a requested record is unclear, the employee who has been requested to provide the information shall obtain clarification through the chain of command from the Legal Services Unit prior to taking any action.

1.7    Only the Director may approve the release of confidential information.

1.1    The release of non-confidential Department records, in whole or in part, shall be limited to those records or portions of records that are specifically requested. Information beyond that which is specifically requested shall never be volunteered.

1.2    The Department shall maintain a general list of document categories available to the public that does not require review or redaction. The Deputy Director, Division Directors, Deputy Division Director, Regional Operations Directors, Wardens, Deputy Wardens and Bureau Administrators shall ensure that the list is available to the public on bulletin boards or otherwise posted in public areas. Restricted material, including written instructions that are identified as restricted, shall not be made available to anyone who is not an eligible staff member except as provided in the appropriate Department Order.

1.3    In some cases, requested public information exists in a format other than the one specifically requested. In such cases, the requestor shall be informed that the requested format is not available. If the requestor chooses, the records may be provided in the format used by the Department, at a cost as outlined in this Department Order if appropriate.

1.4    Where appropriate, individual work areas may keep a supply of commonly requested documents and may provide those documents to requesting individuals at the cost outlined in this Department Order.

201.03    DEPARTMENT WEB SITE - The Department maintains a site on the "World Wide Web" for the purpose of disseminating general information about the Department and key management staff and providing selected public information. In addition, the site may allow for limited electronic communication between members of the public and the appropriate staff member or work unit. For additional information relating to Internet use and the Department’s telecommunications infrastructure see Department Order #102, Information Technology.

1.1    Primary responsibility for the maintenance of the web site is assigned to the Media & Public Relations Office. A staff member from that office is the Website Coordinator or "Webmaster." Each Division Director and Warden shall appoint a Web Liaison.

1.2    Examples of material that may be placed on the site include:

1.2.1    Photographs of key staff, organizational charts, descriptions of divisions, bureaus or other organizational entities that are of interest to the public.

1.2.2    The names and work telephone numbers and locations of selected management personnel. If appropriate, the divisional e-mail address may be included.

1.2.3    Descriptions of prisons and other Department facilities include contact information for key personnel, location and driving directions, visitation information, inmate capacity and programs.

1.2.4    Employment opportunities notably, information related to Correctional Officer employment opportunities, including methods for interested parties to apply for employment directly online.

1.2.5    Department statistical reports, publications and news releases or news publications such as a current copy of the "ADC Post" newsletter, recent news releases, the current Annual Report or other copies of current statistical reports.

1.2.6    Any written material that is identified as public information and which is required to be available on the site by Department Order.

1.2.7    E- mail access to the "Webmaster" and as determined by the Director, other staff members.

1.2.8    The General Access Department Order Manual.

1.2.9    Information regarding the sale of prison goods (ACI and/or inmate hobby items for sale in the Prison Outlet Store).

1.2.10    Inmate information such as at-large fugitives, biographical material about inmates who are on "death row" and offender classification system information.

1.2.11    Other material deemed appropriate by the Department Webmaster and the Media & Public Relations Office.

1.3    While the primary purpose of the "Website" is to provide information, material including electronic representations of documents located on the site shall not be considered public records. A disclaimer on the site (Attachment C) shall refer the reader to the appropriate location for access to official copies of documents or records.

1.4    Staff may submit suggestions by accessing the staff only web page located at http://www. azcorrections.gov/WebUpdate.html, and following the instructions posted there, or completing the ADC Web Page Update Request, Form 201-4.

1.5    The Webmaster in consultation with the liaisons, shall review material or information submitted by staff for inclusion on the web site. In addition, at the direction of the Webmaster, liaisons shall continually review the site for accuracy and timeliness. If necessary, the Webmaster may convene an ad hoc committee to determine whether or not material is appropriate for inclusion on the Web site or if the information is accurate.

1.6    Major changes to the appearance or content of the Department Website shall require the approval of the Director.

1.7    E-mail submitted to any staff member from the Web Page link shall be considered a project, and shall be subject to the appropriate project management controls. Appropriate management approval shall be required for any response.

1.1    Requests made in person or by mail shall be honored. Requests made by telephone, followed by the request in a writing, or email require the prior approval of the supervisor before the information can be released.

1.1.1    The Deputy Director, Division Directors and Deputy Division Directors are authorized to deny a request if the information is unavailable and/or excessive staff time would be required to research the matter and/or compile the information, or the requestor refuses to pay for the information as required.

1.1.2    When appropriate, the requesting individual shall be referred to public information available, at no charge, on the Department's Internet site.

1.2    A person requesting copies, printouts or photographs of public records for commercial use shall provide a certified statement describing the commercial purpose for which the copies will be used, pursuant to A.R.S. 39-121.03. A reasonable fee may be charged for the time researching and retrieving materials and the equipment and personnel used in producing such documents or reproductions.

1.3    If the information and/or items are available, upon receiving a request for information or copies, printouts or photographs of public records, the person receiving the request shall determine the total cost for the materials, complete a Request For Information/Document, Form 201-3, and advise the requester of the total copying cost. The Public Records Standard Charge List is located on the Request for Information/Document form. The staff member shall complete the request or forward it to the appropriate staff member for completion.

1.4    If the information and/or items are available but not in the requested format or in a format that would require an extensive commitment of resources, the person receiving the request shall advise the requester that the request will be forwarded to the Deputy Director or appropriate Division Director, who shall determine whether the Department will respond to the request.

1.5    Requests for information or public records that require a formal response or appear to not be readily available shall be referred to the Deputy Director or appropriate Division Director who shall:

1.5.1    Assign the request to appropriate staff to determine if the information or record(s) is available, i.e., whether the information or public records are available, not available, or while available require preparation or research by staff, e.g., removal of confidential information, preparation of a letter, preparation of a summary report, preparation of computer programs or a search for the information or public records.

1.5.2    Determine whether or not staff shall respond to the request, based upon the availability of information and/or the time required to research/compile the information.

1.5.3    Designate a staff member to contact the requester, provide the estimated copying cost of the materials and determine if the requester still wants the request filled.

1.5.3.1    If the requester still wants the request filled, designate a staff member to research and compile the requested information and/or documents.

1.5.3.2    If appropriate based on the request, staff shall prepare a draft report of the requested information.

1.5.4    Review the information, documents and/or report and either approve for release or note areas of concern and return to the originator for revision.

1.5.5    Review the materials again, if revisions are necessary, prior to release.

1.5.6    Ensure that each involved supervisor submits a memorandum to the designated staff member that lists the copying costs.

1.6    A person requesting copies, printouts or photographs of public records for a non-commercial purpose may be charged a fee for copies of public records, and if appropriate, postage costs, but not for the research. The supervisor or staff who worked on the request shall determine the number of pages copied, calculate the charges, and add the information to the Request for Information/Document, Form 201-3.

1.6.1    The cost for copies requested pursuant to A.R.S. 39-121.01 [D] are listed on the Public Records Standard Charge List.

1.6.2    If necessary, postage shall be calculated at the current rate and added to the total cost of the request.

1.7    For documents, information or for medical records requested by a subpoena pursuant to A.R.S. 12-351, the requester shall be charged ten cents per printed side for each page copied and ten dollars per hour for each staff member who worked on the assignment. The supervisor or staff member who worked on the request shall determine the number of hours staff worked to complete the request, calculate the charges and enter the information onto the Request for Information/Document.

1.8    There shall be no charge for copies provided to:

1.8.1    The general public for claims against the United States, pursuant to A.R.S. 39-122.

1.8.2    Corrections or other criminal justice agencies.

1.8.3    Claims for a pension allotment, allowance, compensation, insurance or other benefit that are to be presented to the United States or a Bureau or Department thereof.

1.9    Payment for information, public records and copy services to the general public shall be made by cash, cashier's check or money order.

1.10    A.R.S. 38-413 outlines legal action that may be taken against an employee who overcharges for copying costs.

1.11    Only staff authorized by the Deputy Director or Division Directors shall make copies of documents requested by the general public, and they shall collect the copying fee noted on the Request for Information/Document.

1.12    When a request for a document is made in person, the person making the request shall render the request in writing. The staff member shall collect the copying fee at the time the documents are delivered.

1.13    When a request for a document is made by mail, the fee shall be collected before mailing the documents to the requester. A copy of the completed Request for Information/Document shall be included with the documents in the return mailing.

1.14    When responding to a subpoena, relevant documents may be forwarded prior to payment with prior authorization from the General Counsel. A copy of the Request for Information/Document and an itemized bill shall be included with the documents.

1.15    A staff member who collects a fee shall prepare an original and two copies of a sequentially numbered receipt for money received.

1.15.1    The staff member shall sign the receipt and enter the date of the transaction, the amount received, the total number of documents or pages copied and the method of payment made by the requester (cash, cashier's check or money order).

1.15.2    The original receipt shall be given or mailed to the requester, one copy shall remain in the receipt book, and the other copy shall be included with the payment and forwarded to the Accounting Manager, Support Services Division, for deposit in the General Fund.

1.16    Charging to an account is a payment option available to a media representative.

1.16.1    The news media representative may submit a written request for an account number to the Media & Public Relations Administrator. The request shall indicate the name of the news media agency, the email billing address and the person to whom the monthly invoices should be sent.

1.16.2    The Media & Public Relations Administrator shall provide a written notification to the news media agency identifying their account number, the billing address, to whose attention invoices shall be sent, and advise that invoices will be issued on the 10^th work day of the month for information/documents provided for the previous month. A copy of this notification shall be sent to the Chief Financial Officer.

1.16.3    The media representative shall complete the "Charge to" section of the Request for Information/Document.

1.16.4    Upon delivery (by mail or in person) of the information/document, a representative of the Media & Public Relations Office shall sign and date the Request for Information/Document. A copy of the form shall be sent to the Chief Financial Officer for inclusion in the monthly invoice.

1.16.5    By the 10^th work day of the month, the Chief Financial Officer designee shall remit a monthly invoice to the specified email address of the news media with a copy to the Media & Public Relations Administrator.

1.17    Requests for refunds for overpayment shall be forwarded to the budget unit manager of the unit in which the original transaction occurred. The budget unit manager shall approve refund requests and forward them, with appropriate documentation, to the Chief Financial Officer.

1.17.1    Refund requests approved by the Chief Financial Officer shall be forwarded to the Accounting Unit Manager for processing.

1.17.2    The Financial Services Bureau's Accounting Unit shall mail the refund to the requester.

1.1    The Media & Public Relations Administrator or, if appropriate, a designee shall:

1.1.1    Schedule and coordinate news media briefings.

1.1.2    Prepare official Department news releases.

1.1.3    Approve media representatives' routine access to institutions or other Department facilities and staff.

1.2    Media & Public Relations Liaisons shall:

1.2.1    Respond to media representatives' routine requests when the Media & Public Relations Administrator is unavailable, and notify the Administrator of such contact with any media representative within 24 hours and relate the information conveyed to the representative.

1.2.2    Notify the Media & Public Relations Administrator, at least 24 hours in advance, of any scheduled inmate activity/special event, which may be of media interest, and be available to meet with and be interviewed by media representatives on the activity/special event.

1.3    The Deputy Director, Division Directors, Deputy Division Director, Regional Operations Directors, Regional Health Administrators, Wardens, Deputy Wardens, Administrators and Bureau Administrators shall be available to meet with and be interviewed by media representatives on activities and programs under their jurisdiction.

201.06    PROHIBITIONS - Department employees shall not:

1.1    Release confidential information.

1.2    Offer personal opinions or interpretations concerning the possible guilt or innocence of a suspect or the credibility of a witness.

1.3    Identify crime victims and injured or deceased individuals until the next-of-kin has been notified.

1.4    Make comments or express opinions on political issues while on duty, in uniform, at public expense or as a representative of the Department.

1.5    Comment on the Department’s written instructions.

1.6    Offer opinions about persons or agencies.

1.7    Honor requests for information that requires an excessive expenditure of taxpayer funds and/or staff resources. The Department is not required to create documents that do not already exist.

201.07    EMPLOYEE MEDIA RESPONSE/MEDIA ACCESS TO FACILITIES, STAFF OR INMATES

1.1    Employees shall immediately notify the Media & Public Relations Administrator or, if appropriate, the Media & Public Relations Liaison, when media inquiries are made directly, and shall not respond to inquiries unless authorized by this Department Order, the Director, the Media & Public Relations Administrator or designee.

1.2    Access to Institutions, Facilities and Staff

1.2.1    Media representatives' routine requests for access to prisons/facilities and staff shall be approved by the Media & Public Relations Administrator at least 24 hours in advance, or access shall be denied.

1.2.2    Except for scheduled events, access to correctional facilities and staff is limited to normal business hours, Monday through Friday, excluding holidays. The Warden, Deputy Warden or Bureau Administrator shall designate a time that is least disruptive to operations. Access may be granted on weekends, holidays or other than normal business hours for the purpose of covering a scheduled event.

1.2.3    The Department retains the right to deny access to prisons/facilities and staff.

1.3    Access to Inmates

1.3.1    Media representatives may correspond with inmates through the mail as outlined in Department Order #914, Inmate Mail.

1.3.2    Media representatives who wish to schedule a telephone interview with an inmate shall contact the Media & Public Relations Administrator or designee during business hours, and in a reasonable period of time prior to the requested time, to schedule the interview. The appropriate Department staff member shall process the request in a reasonable period of time in order to allow the requestor to conduct the interview as approved.

1.3.3    One-on-one interviews between media representatives and inmates may be conducted with prior approval of the Director as outlined in Department Order #207, Media Relations.

1.3.4    Conference calls of any kind between a media representative and inmates are not permitted.

1.3.5    Unless authorized by the Division Director for Offender Operations, inmate phone interviews with the media shall be limited to 10 minutes.

1.3.6    The Department retains the right to decline inmate interviews.

1.4    Special Media Access Restrictions

1.4.1    Requests to interview an inmate on Continuous Watch shall be denied. Media access to an execution shall be in compliance with Department Order #710, Execution Procedures and appropriate statutes.

1.4.2    Inmates who are in detention status pending disciplinary action when an interview request is received are not permitted to be interviewed by telephone and shall not be photographed or videotaped while in that status.

1.4.3    Media representatives may be denied access to prisons or other facilities if the Director, the Deputy Director or Division Directors determines that their presence may jeopardize the safety or security of the institution or facility, staff, inmate or the media representative.

1.4.4    Inmate photographs on file are a matter of public record. Media representatives may take pictures of file photographs.

1.4.5    Media representatives may request, and be authorized to take new photographs, to include facial views, in an institutional environment. A photo opportunity of this type shall not be staged. Furthermore, the Department shall not authorize media access when such access places an undue burden on an institution and staff, or presents a safety or security concern. Requests for a photo opportunity shall be made to the Media & Public Relations Administrator and approved by the Division Director for Offender Operations.

1.4.6    Inmates shall sign an Audio/Visual Release, Form 201-1 and/or the Inmate Interview Request, Form 207-1, prior to contact with a media representative, except when such contact is made through the mail in accordance with Department Order #914, Inmate Mail. Additionally, an Audio/Visual Release is not required for inmates who are filmed as part of file footage and whose names are not associated with the photograph or video.

201.08    NOTIFICATION OF SIGNIFICANT EVENTS

1.1    Significant events to be communicated with identified officeholders and the media:

1.1.1    Escape of an inmate where resolution is not eminent.

1.1.2    Death of an inmate by other than apparent natural causes.

1.1.3    Death of an on-duty employee by other than apparent natural causes.

1.1.4    Disturbance of significant size or duration where resolution is not eminent.

1.1.5    Hostage-taking where resolution is not eminent.

1.1.6    Other events of consequence per the Director.

1.2    Notification of identified officeholders and media of significant events shall be completed within the timelines provided:

1.2.1    Governor’s Office by the Director immediately by phone or email; if by phone, written notice to follow.

1.2.2    Chairperson of the Joint Select Committee on Corrections by the Department’s legislative liaison by phone or email within one business day; if by phone, written notice to follow.

1.2.3    The Speaker of the Arizona House and President of the Arizona Senate by the Department’s legislative liaison by phone or email within one business day; if by phone, written notice to follow.

1.2.4    State legislators in the district where the significant event occurred by the Department’s legislative liaison by phone or email within one business day; if by phone, written notice to follow.

1.2.5    Media by the Department’s public information officer by News Advisory via email within one business day except when public safety warrants otherwise.

1.3    Notification of identified officeholders and the media augments established criminal justice notifications:

1.3.1    Medical Examiner/Coroner by the Department’s Criminal Investigation Unit (CIU) investigator by phone immediately upon confirmation of death by a licensed physician, physician assistant or nurse practitioner.

1.3.2    County Attorney by the CIU investigator by phone within one business day; written notice to follow for all apparent homicides.

DEFINITIONS

CERTIFIED DOCUMENT - A document(s) that has an affixed notarized statement indicating that the document is a true copy of the official record.

CONFIDENTIAL RECORD - A document(s) that is not accessible to or obtainable by the general public. Confidential files are exempted from the Public Records Law.

MEDIA - For the purpose of this Department Order, Media is channels of communication that serve many diverse functions, such as offering a variety of entertainment with mass or specialized appeal, communicating news and information or displaying advertising messaging.

PUBLIC RECORD - A document(s) made or received by any governmental agency pursuant to law or in connection with the transaction of public business and which may include books, papers, maps, photographs or other documentary materials, regardless of physical form or characteristics.

SIGNIFICANT EVENTS - Disturbances, escapes, serious fires and other events of consequence.

Dora Schriro

Director

Attachment A - Records Confidential by StatuteAttachment B - Categories of Public Records

Attachment C - Web Page Disclaimer

FORMS LISTING

201-1, Audio/Visual Release201-3, Request For Information/Document

201-4, ADC Web Page Update Request

AUTHORITY

A.A.C. R2-5-105, Personnel Records

A.R.S. 11-593, Reporting of Certain Death, failure to Report; Penalty

A.R.S. 31-221, Master Record File; Information From Other Agencies; Confidentiality of File.

A.R.S. 12-351, Costs of Compliance with Subpoena for Production of Documentary Evidence.

A.R.S. 38-413, Charging Excessive Fees.

A.R.S. 39-121.01, Copies; Printouts or photographs of Public Records

A.R.S. 39-121.03, Request for Copies.

A.R.S. 39-122, Free Searches for Copies of Public Records to be used in Claims against the United States.

A.R.S. 41-1347, Preservation of Public Records.

A.R.S. 41-1350, Definition of Records.

A.R.S. 44-7601, Discarding and disposing of records containing personal identifying information; civil penalty; enforcement; definition.

ATTACHMENT A

ATTACHMENT B

DEPARTMENT ORDER 201

Attachment C

Department Order 201

Arizona Department of Corrections