Department Operations Manual

53040.3 Definitions For purposes of this Article, the following definitions shall apply: • Smoke or smoking means inhaling, exhaling, burning, or carrying any lighted cigarette, cigar, pipe, or smoking paraphernalia used for consuming the smoke of tobacco or any other burning product. • Tobacco product means any product that contains tobacco, the prepared leaves of any plant belonging to the nicotiana family, which shall include, but not be limited to, cigarettes, loose tobacco, cigars, snuff, chewing tobacco, or any other preparation of tobacco, tobacco substitutes, smoking paraphernalia, and all other items developed or processed for the primary purpose of facilitating the use or possession of tobacco or tobacco related products as well as packaging material. Packing material includes, but is not limited to, snuff or cigarette containers. 53040.4

53040.4 Tobacco Use Cessation Assistance. All institutions/facilities shall provide tobacco use cessation assistance to inmates in a manner consistent with its physical design and security requirements. However, no institution/facility is obligated to purchase tobacco cessation aids for inmates pursuant to this Policy. Tobacco use cessation assistance may include, but will not be limited to, the following: • Tobacco use cessation classes. • Distribution of printed tobacco cessation material. 53040.5

53040.5 Inmate Violations Inmates violating the provisions of this Policy and the limitations of CCR, Title 15, Sections 3006, 3187, 3188, or 3189 on July 1, 2005, and thereafter shall be subject to the disciplinary process set forth in the Department Operations Manual (DOM), Chapter 5, Article 23, Inmate Discipline, and the disciplinary methods, administrative and serious rule violation provisions of CCR, Title 15, Sections 3312, 3314, and 3315. 53040.6

53040.6 Revisions The Chief Deputy Secretary, Adult Operations, or designee shall ensure that the content of this Article is accurate and current. 53040.7

53040.7 References PC § 5030.1. Government Code §§ 7596 through 7598, 19994.30, 19994.33, and 19994.35. CCR, Title 15 §§ 3006, 3187 through 3189, 3312, and 3314 through 3315. DOM Chapter 5, Article 23 §§ 52080.1 through 52080.35. A RTICLE 31 — U NASSIGNED A RTICLE 32 — U NASSIGNED A RTICLE 33 — U NASSIGNED A RTICLE 34 — U NASSIGNED A RTICLE 35 — U NASSIGNED A RTICLE 36 — I NSTITUTION P UBLICATIONS Effective October 2, 1989 53100.1

53100.1 Policy Institutions may publish a newspaper, newsletter or magazine with the specific authorization of the Warden. Inmates may participate in the publication of such newspapers, magazines, or newsletters with specific authorization of the Warden. If an institution publication is authorized, as provided above, it shall be produced as part of the work, training or education program of the institution. 53100.2

53100.2 Purpose The purpose of this section is to provide guidelines for the approval and preparation of institution publications and ensure compliance with legal and administrative requirements. 53100.3

53100.3 Purpose Of Institution Publications The publication shall provide a useful and constructive service by disseminating information of interest to inmates and staff, such as institution events and activities, policies and procedures, law changes, and court decisions. It shall provide work experience and training in journalism, printing and related fields. 53100.4

53100.4 Responsibility The Warden shall appoint an administrative editor from his/her immediate staff (i.e., administrative assistant, chief deputy, PIO, etc.) who shall ensure that guidelines set forth by recent court decisions and departmental policies are adhered to. The administrative editor shall work closely with the supervising editor in the selection of inmates assigned to the institutional publications and shall review all publications prior to printing. The administrative editor shall attempt to resolve disagreements pertaining to the style, content, etc. of the institutional publications that may occur between the inmate editor and the supervising editor prior to the issue reaching the Warden. 53100.4.1

53100.4.1 Supervision of Inmate Staff Supervision of inmates in preparing an institution publication shall be the responsibility of the supervising editor. The supervising editor shall be an instructor in journalism or other qualified employee appointed by the Warden. The supervising editor shall participate in the planning and editing of each issue. The production of a satisfactory publication requires the continuing attention and effort of the supervising editor. 53100.5

53100.5 Volunteer Assistance and Instruction Institutions shall try to obtain assistance for the inmate staff from a journalist at a nearby college/university or local newspaper. Inmate reporters and editors shall be provided with journalism textbooks and other instructional material. Where possible they shall be offered basic instruction in journalism ethics and news writing. 53100.6

53100.6 Selection of Inmate Staff The administrative and supervising editors shall be responsible for submission of the names of recommended inmate editors and reporters to the Warden for final decision. Selections shall be made from interested inmates who have writing skills and an understanding of basic journalistic ethics. Inmates selected for these positions shall have demonstrated by prior job performance and behavior a sense of responsibility and personal maturity. 53100.7

53100.7 Timekeeping The supervising editor shall record the work time of the inmate editor and reporters for purposes of pay and the Inmate Work Incentive Program. 53100.8

53100.8 Responsibility for Content The Warden shall be responsible for the content of the institutional publication. Under the direction of the Warden by the administrative editor, the supervising editor shall: • Have authority to select, edit, or reject articles, illustrations and layouts. • Work with the inmate editor to assure that journalistic standards of relevancy, accuracy, objectivity, fairness, and balance are maintained. • Regularly evaluate in writing the performance of the inmate editor and reporters. Consistently poor performance evaluations shall be cause for removing an editor or reporter from the staff of the publication. 53100.9

53100.9 Content Publications shall be written, illustrated and produced in accord with the highest journalistic standards. Relevancy, accuracy, objectivity, fairness and balance shall be required in all articles. Publications shall not be designed to cover events and issues outside of the institution, except for matters directly related to institution or departmental operations, such as new laws or court decisions affecting inmates. Articles and news stories should be relevant in the context of prison operations. Material written by persons not assigned to the staff of the publication is contributed material. Pertinent articles may be accepted from outside contributors. The source of all contributed material shall be included. Reprinting of news stories and articles from other publications is discouraged, as this practice does not provide experience or training in news writing. When an occasional reprint may be appropriate, the source must be noted. No inflammatory material shall be published which might threaten institution safety or security. Material offensive to a race, gender, nationality, religious faith or similar group is prohibited. Lewd, obscene, pornographic, sexually suggestive, libelous or defamatory material, or use of profane or vulgar terminology is prohibited. Reports and articles shall not attack any individual or serve as a vehicle for individual inmate complaints, or as a substitute for the departmental inmate appeal procedure. Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 440 No advertising material of a commercial nature shall be printed. Responsible editorial comments by inmate editors and reporters may be included in institution publications. All such material shall carry the by-line of the author and a short editor ’ s note indicating that the expressed opinions are those of the author and do not necessarily represent the position of the management and staff of the institution or the department. 53100.10

53100.10 Names and Photographs Names and photographs of inmates and rank and file employees shall not be used without their permission. Names of management employees may be used without permission when the manager is an official source of information or comment. If an employee or inmate is the frequent subject of published articles or illustrations, he or she may give a single blanket approval for subsequent publication of his or her name and picture. 53100.11

53100.11 Editing Disagreements Disagreements may occur between the supervising editor and the inmate staff regarding the style, language, content, or layout of a particular article or edition. Every effort shall be made to resolve such disagreements relying on basic journalistic standards as previously defined. The volatility of the prison environment shall be considered in evaluating sensitive material. When a disagreement on content cannot be resolved, a special editing/ appeal process shall be used. If the issue cannot be resolved, the material in question shall be submitted by the supervising editor to the administrative editor. He/she shall render a decision (within three working days) which may include reasonable editorial changes. If a mutually satisfactory solution cannot be arrived at, the material shall be forwarded to the Warden for review, decision, or transmission to the Assistant Director, Communications. The Assistant Director shall render a decision within three working days following receipt of the questioned material. The Assistant Director may require editing of material to conform to journalistic standards. 53100.12

53100.12 Suspension and Termination Institution publications may be temporarily suspended during lockdowns and other emergencies with the approval of the Warden. Publications may be terminated only with the approval of the Director. 53100.13

53100.13 Director ’ s File Copy A copy of each issue of each publication shall be sent to the Assistant Director, Communications. 53100.14

53100.14 Expense and Circulation The expense of publication shall be covered as general operating expense of the institution. Subscriptions from outside individuals and organizations may be accepted. Subscription prices shall be determined with the approval of the Warden. Prices shall cover only the cost of production, handling and mailing and shall not be established to return a profit. Solicitation of subscriptions is prohibited. Exchanges or free circulation shall be limited to schools, libraries, government agencies, other prisons and organizations involved in activities related to prisons. Mailing lists shall expire and be reviewed by October 1 of each year. The supervising editor may approve the sending of single copies of the publication to individuals or groups who have performed a service to the institution. Lists of such mailings shall be subsequently forwarded to the Warden. 53100.15