Loading
The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

OREGON YOUTH AUTHORITY

 

DIVISION 60

MEDIA RELATIONS

416-060-0005

Purpose and Policy

(1) Purpose: These rules govern general media relations for the Oregon Youth Authority (OYA) including responding to information requests and granting access by Media Representatives to OYA Facilities, programs, staff and Offenders.

(2) Policy:

(a) OYA acknowledges the public’s interest in and concern with OYA’s mission to protect the public, reduce crime, hold Offenders accountable and provide opportunities for reformation in safe environments.

(b) In recognition of the news media’s role in reporting matters of public interest, OYA will work with Media Representatives to provide requested information within OYA’s resource limitations and requirements for safety, security and confidentiality; and it is the policy of OYA to permit and assist with access by Media Representatives to OYA facilities, programs, Offenders and staff for the purposes of supporting OYA’s mission and goals within the limitations required to ensure Facility security, safety and Offenders’ reformation.

(c) Interviews with Offenders may be permitted with their consent and the approval of the appropriate Superintendent/Camp Director or Field Supervisor. When authorized, an interview with an Offender is permitted neither as a matter of right nor as a privilege of the Offender or the Accredited News Media Organization. Instead, an interview may be approved if the appropriate Superintendent/Camp Director or Field Supervisor and the Communications Manager determine it is consistent with OYA’s mission and goals and the safe, secure and orderly management and operation of the Facility or program, and is not inconsistent with the Offender’s treatment, education, reformation and rehabilitation.

(d) There are inherent risks associated with entering an OYA Facility. Consequently, Media Representatives enter OYA Facilities at their own risk, and are required to comply with all security and control measures of the Facility and with the directions of OYA staff.

(e) OYA may initiate contact and provide access to Media Representatives to report on activities that further OYA’s mission and goals.

Stat. Auth: ORS 420A.025
Stats. Implemented: ORS 420A.010
Hist.: OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

416-060-0010

Definitions

The following definitions apply to rules in OAR chapter 416, division 060.

(1) Accredited News Media Organization:

(a) A newspaper that qualifies as a general circulation newspaper in the community in which it is published. A newspaper is one of general circulation if it circulates among the general public and if it publishes news of general interest to the public such as news of political, religious, commercial or social affairs. A key test to determine whether a newspaper qualifies as a general circulation publication is whether it qualifies for the purpose of publishing legal notices in the community in which it is located or the area where it distributes;

(b) A magazine that has a national, state or local circulation and is sold by newsstands and by mail subscription to the general public;

(c) A national or international wire service;

(d) A radio or television program whose primary purpose is to report news and which is part of a broadcast station holding a Federal Communications Commission license;

(e) A corrections or juvenile justice trade publication that reports on industry practices; or

(f) An Internet Web site affiliated with the organizations described in subsections (a)-(e) above, or an unaffiliated Internet Web site with a history of publishing news of general interest.

(2) Communications Manager: The manager of the Office of Communications in the Director’s Office, who is the person designated as the official spokesperson for OYA.

(3) Communications Liaison: The person in each Facility or community field office assigned to function as a liaison with the Communications Manager to keep the Office of Communications informed about news and activities at the Facility or OYA field office, and to assist the Communications Manager in responding to Media Representatives.

(4) Facility: Any youth correctional facility, camp or transitional facility including the staff offices and the grounds, operated by the Oregon Youth Authority.

(5) Field Supervisor: An OYA community services supervisor that oversees juvenile parole and probation officers, assistants, field office staff, and field office operations.

(6) Identifiers: Means of identifying an Offender through face, name, age, voice, gender, home community or other information.

(7) Media Representatives:

(a) Persons whose principal employment is with an Accredited News Media Organization;

(b) Unaffiliated persons who produce credentials or other written documentation from an Accredited News Media Organization demonstrating that the media organization has contracted with the person to purchase his or her completed work or project; or

(c) Authors of books who produce credentials or other written documentation demonstrating that a commercial publisher has contracted to purchase their completed work or project.

(8) Offender: (a) A person in the legal and physical custody of OYA, either in an OYA Facility or placed in the community under supervision, or (b) a person in the legal custody of the Department of Corrections and the physical custody of OYA in an OYA Facility.

(9) Substitute Care Placement: Any of the out-of-home care and treatment programs authorized by OYA to serve Offenders in OYA’s legal custody, including contracted residential treatment programs and certified foster homes. Substitute Care Placements exclude OYA’s Facilities.

(10) Substitute Care Providers: Persons authorized by OYA through contract or other written agreement to provide supervision and care for Offenders in OYA’s legal custody on parole or probation status in the community. Such persons include, but are not limited to, contracted residential treatment providers and certified foster parents (including respite providers).

(11) Superintendent/Camp Director: The superintendent or camp director, as applicable, of a Facility. References to “Superintendent/Camp Director” throughout these rules refer to the superintendent or camp director of the Facility at which the visit, tour, or interview is being sought.

(12) Unaffiliated Persons: Freelance writers, independent filmmakers, producers, journalism teachers and students, and other persons who do not meet the definition of Media Representatives.

Stat. Auth: ORS 420A.025
Stats. Implemented: ORS 420A.010
Hist.: OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

416-060-0015

Media Identification of Offenders

Identifying information about Offenders may be used in accordance with these rules and after all appropriate parties have given written permission.

(1) Photographs

(a) Identifiable photographs of Offenders younger than 18 may be used only with written permission of the Offender, Offender’s parent(s) or legal guardian(s), and the Superintendent/Camp Director or Field Supervisor.

(b) Identifiable photographs of youth 18 and older may be used with written permission of the Offender and the Superintendent/Camp Director or Field Supervisor.

(2) Other Identifiers

(a) Identifiers of Offenders younger than 18 may be used with written permission of the Offender, Offender’s parent(s) or legal guardian(s), and the Superintendent/Camp Director or Field Supervisor. (See OAR 416-060-0010(6)).

(b) Identifiers of Offenders ages 18 and older may be used with written permission of the Offender and Superintendent/Camp Director or Field Supervisor.

Stat. Auth: ORS 420A.025
Stats. Implemented: ORS 420A.010
Hist.: OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

416-060-0020

Media Access to Facilities

(1) Media requests for access Media Representatives who desire to visit a Facility must contact the Communications Manager. Requests to visit a Facility must be made at least 24 hours in advance of the desired appointment time.

(2) Media access to Facilities Consistent with OYA’s policy, Media Representatives are encouraged to visit and tour Facilities and learn about programs for the purpose of professional enhancement, observation and reporting.

(a) OYA may accommodate requests by Media Representatives for access to OYA Facilities and programs if the access is consistent with OYA’s policies and procedures, the reformation and rehabilitation of Offenders, and the efficient and orderly operation of treatment programs and the Facility as a whole, and with the Superintendent/Camp Director’s approval. Whether to approve a request to access OYA Facilities and programs is in the sole discretion of the Superintendent/Camp Director.

(b) The Superintendent/Camp Director must deny a request by a Media Representative for Facility access when the access, in the Superintendent/Camp Director’s judgment, may jeopardize the safety and security of the Facility, staff, visitors or Offenders.

(3) Media access outside of regular business hours OYA will generally accommodate access only during regular business hours. When a program or newsworthy event occurs outside of regular business hours, access will be in the sole discretion of the Superintendent/Camp Director, dependent on factors including but not limited to the availability of the Communications Manager or designee and staff designated by the Superintendent/Camp Director.

(4) Media access preparation After Media Representatives’ access to a Facility has been approved, the Communications Manager or Facility Communications Liaison will notify the Media Representative of the appropriate date, time and equipment allowed in the Facility and any other pertinent information.

(5) Media access in the event of an emergency OYA may restrict Media Representatives’ access to facilities for safety and security purposes during emergencies or when access would disrupt operational activities in the sole discretion of the Superintendent/Camp Director.

Stat. Auth: ORS 420A.025
Stats. Implemented: ORS 420A.010
Hist.: OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

416-060-0025

Media Facility Visitation Requirements

(1) Media Representatives must identify themselves with a valid form of government-issued photo identification before they will be permitted to enter a Facility.

(2) Media Representatives are subject to the same Facility entrance screening and contraband policies and procedures as are other visitors and in compliance with OAR chapter 416, division 420 (Visitors to OYA Facilities).

(3) Notwithstanding subsection (2) above, Media Representatives granted entrance to a Facility generally will be permitted use of “tools of the trade,” subject to the written consent of the Superintendent/Camp Director. However, OYA may limit the number and type of tools of the trade that Media Representatives may bring into a Facility to make still or video pictures and audio recordings.

(4) All approved equipment must be inventoried and searched by OYA staff prior to the Media Representative(s) entering the Facility.

(5) Items not allowed into a Facility must be stored in the Media Representatives’ work or personal vehicle(s). OYA will not hold items for Facility visitors.

(6) The Communications Manager, Facility Communications Liaison or other designated staff member must escort Media Representatives through the Facility and be present at all times during the visit or tour.

(7) If at any time before or during the news media visit or tour OYA determines that a potential threat to safety or security exists, the visit or tour must be terminated. The Media Representative(s) must comply with the direction of their OYA escort.

(8) Photographs or other recordings made in a Facility or other OYA property require prior written authorization from the Superintendent/Camp Director. Taking photographs or video footage of control centers or electronic security equipment is strictly prohibited.

(9) Impromptu, unscheduled interviews, video and audio recordings, or photographs of staff, Offenders and others may be permitted if the individuals give their written consent, and the Superintendent/Camp Director, or designee determines that the interview or photo opportunity would not:

(a) Unduly delay a tour;

(b) Be overly disruptive of Facility or program operations;

(c) Compromise Offenders’ treatment plans or reformation; or

(d) Present safety or security concerns.

(10) Any attempt by a Media Representative to disregard the conditions for access or directions of staff may result in immediate termination of access to the Facility.

Stat. Auth: ORS 420A.025
Stats. Implemented: ORS 420A.010
Hist.: OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

416-060-0030

Media Access to Offenders in Facilities

(1) Media Representatives who desire contact with an Offender may seek such contact through written correspondence or by telephone with the Communications Manager. In all cases, Offender participation is voluntary.

(2) Interviews with Offenders may be approved with written consent of the Communications Manager and the Superintendent/Camp Director or designee, and with the Offender’s written consent, if in the judgment of the Superintendent/Camp Director or designee the interview is consistent with the following:

(a) OYA’s mission and goals;

(b) The Offender’s treatment planning and reformation; and

(c) The Facility’s safe, secure and orderly operations.

(3) Interviews with Offenders younger than 18 may be approved in accordance with section (2) above, and with written permission of the Offender’s parent(s) or legal guardian(s).

(4) Conducting the interview:

(a) The interview must be supervised by staff and take place in a designated area approved by the Superintendent/Camp Director or designee.

(b) The Communications Manager or Facility Communications Liaison, and Offender’s treatment manager or other OYA staff designated by the Superintendent/Camp Director, must be present with the Offender during the interview and may limit the scope of questions.

(c) OYA may set reasonable limits for the length of the interview.

(d) Requests for interviews to be broadcast live will be denied.

(e) Requests for Offenders to participate in a taped audience participation show generally will be denied. Exceptions may be made by the Superintendent/Camp Director or designee in extraordinary circumstances in his or her sole discretion.

(f) Other Facility or program access separate from the interview may be granted with the approval of the Communications Manager and the Superintendent/Camp Director or designee.

(5) Offenders may not accept compensation or remuneration for themselves or family members for agreeing to an interview or participating in a media-related activity.

(6) Offenders may not use the news media or enter into agreements with the news media to pass along messages or otherwise communicate with their families, victims, or any person other than the general reading, viewing or listening audience.

(7) Media Representatives may not accompany a visitor, attorney or others on a visit to an Offender. Exceptions may be made by the Communications Manager and the Superintendent/Camp Director in extraordinary circumstances in his or her sole discretion.

(8) Media representatives may not attend depositions of Offenders in an OYA Facility.

Stat. Auth: ORS 420A.025
Stats. Implemented: ORS 420A.010
Hist.: OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

416-060-0035

Media Access to Offenders in Substitute Care

(1) Media Representatives who desire contact with an Offender may seek such contact through correspondence or by telephone with the Communications Manager. In all cases, Offender participation is voluntary.

(2) Interviews with Offenders in Substitute Care may be approved by the Communications Manager and the Field Supervisor or designee, with the Offender’s consent, if in the Field Supervisor’s or designee’s judgment the interview is consistent with the following:

(a) OYA’s mission and goals;

(b) The Offender’s treatment planning and reformation; and

(c) The Substitute Care Provider’s safe, secure and orderly operations.

(3) Interviews with Offenders younger than 18 may be approved in accordance with section (2) above, and with written permission of the Offender’s parent(s) or legal guardian(s).

(4) Conducting the interview

(a) The interview must be supervised by the Substitute Care Provider or OYA and take place in a designated area approved by the Field Supervisor or designee.

(b) OYA may set reasonable limits for the length of the interview.

(c) Requests for interviews to be broadcast live will be denied.

(d) Requests for Offenders to participate in a taped audience participation show generally will be denied. Exceptions may be made by the Field Supervisor or designee in extraordinary circumstances.

(e) Other program or staff access separate from the interview may be granted with the approval of the Communications Manager, Field Supervisor or designee, and Substitute Care Provider.

(5) Media access outside of regular business hours OYA will accommodate access only during regular business hours. When a program or newsworthy event occurs outside of regular business hours, access will be dependent on the availability of the Communications Manager or designee and staff designated by the Field Supervisor.

(6) Offenders may not accept compensation or remuneration for themselves or family members for agreeing to an interview or participating in a media-related activity.

(7) Offenders may not use the news media or enter into agreements with the news media to pass along messages or otherwise communicate with their families, victims, or any person other than the general reading, viewing or listening audience.

(8) Media Representatives may not accompany a visitor, attorney or others on a visit to an Offender in a Substitute Care Placement. Exceptions may be made by the Communications Manager and the Field Supervisor in extraordinary circumstances.

(9) Media Representatives may not attend depositions of Offenders in Substitute Care Placement.

(10) Offenders in the community outside of Substitute Care Placements may be interviewed or photographed in the community (e.g. while playing high school sports) without reference to their OYA involvement. No OYA approval is required.

Stat. Auth: ORS 420A.025
Stats. Implemented: ORS 420A.010
Hist.: OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

416-060-0040

Access to Offenders or OYA Facilities by Unaffiliated Persons

(1) Unaffiliated Persons may be granted a tour of a Facility or program in accordance with OAR 416-420-0020 (Tours).

(2) Requests made by Unaffiliated Persons to interview Offenders generally will be denied, in the sole discretion of the Superintendent/Camp Director, or Field Supervisor who has purview.

(3) In extraordinary circumstances OYA may, at its sole discretion, grant Unaffiliated Persons access to Facilities and programs for a specific project when, in OYA’s judgment, the requested access will substantially further OYA’s mission and goals; and is consistent with the safe, secure and orderly management and operation of the Facility or Substitute Care Placement, and with the Offender’s treatment planning and reformation.

Stat. Auth: ORS 420A.025
Stats. Implemented: ORS 420A.010
Hist.: OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​