BOP Program Statement 1480.06 § 3

§ 540.61 Authorization.

(a) A news media representative who desires to make a visit or conduct an interview at an

institution must make application in writing to the Warden, indicating that he or she is

familiar with the rules and regulations of the institution and agrees to comply with them.

This will be accomplished by the news media representative using the BP-A0232, Media

Representative’s Agreement form.

(b) As a condition of authorizing interviews and making facilities available to conduct an

interview, the news media representative shall recognize a professional responsibility to

make reasonable attempts to verify any allegations regarding an inmate, staff member or

institution.

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(c) A representative of the news media is requested to provide the Bureau of Prisons an

opportunity to respond to any allegation, which might be published or broadcast prior to

distribution.

(d) A representative of the news media shall collect information only from the primary

source. A representative of the news media may not obtain and use personal information

from one inmate about another inmate who refuses to be interviewed.

(e) The Warden may be contacted concerning discussions or comments regarding

applicability of any rule or order.

(f) Failure to adhere to the standards of conduct set forth by this rule for the news media

representative constitutes grounds for denying that news media representative, or the news

organization which he or she represents, permission to conduct an interview.

(g) Any questions as to the meaning or application of this subpart are resolved by the

Director of the Bureau of Prisons.

§ 540.62 Institutional visits.

This section applies to all external organizations, including members of the news media, embassy

and consulate members, and congressional members and their staff.

(a) A media representative shall make advance appointments for visits.

Visit or tour requests must be submitted in writing to the designated PIO at the correctional

institution or the Residential Reentry Management office where the visit or tour is being

requested.

(b) When media representatives visit the institutions, photographs of programs and activities

may be taken, and media representatives may meet with groups of inmates engaged in

authorized programs and activities. An inmate has the right not to be photographed and not to

have his or her voice recorded by the media. A visiting representative of the media is required

to obtain written permission from an inmate before photographing or recording the voice of

an inmate participating in authorized programs and activities.

Permission to film or take photographs will be at the discretion of the Warden.

 Use of the inmate's name, identifiable photographs, or voice recording is not

recommended.

 The BP-A0233, News Interview Authorization form must be used by the media when

making a request for interviews, photographs, voice recordings, and appointments for

institution visits with inmates.

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 The original copy of the BP-A0233, News Interview Authorization form is to be placed

in the inmate’s central file, and a copy is to be sent to the media representative making

the request.

(c) The Warden may suspend all media visits during an institutional emergency and for a

reasonable time after the emergency.

Specifically, the Warden may suspend media visits if the continued presence would endanger the

health or safety of the visitor (s), or if the visitor (s)’ continued presence would disturb the good

order of the institution and/or likely cause serious unrest.

(d) An inmate currently confined in an institution may not be employed or act as a reporter.

This includes all inmates who are in the custody and care of the Bureau, including inmates in

community confinement. Inmates may not receive compensation for their correspondence with

representatives of the news media.

(e) Interviews by reporters and others not included in § 540.2 may be permitted only by

special arrangement and with approval of the Warden.

The Warden may approve institutional visits and interviews requested by writers for the purpose

of writing a book.

Such approval is contingent upon the writer:

 Submitting verification of their previously published book(s); or

 Submitting a letter from a recognized publishing company that indicates the publisher’s

contractual support of the book.

§ 540.63 Personal interviews.

This section applies to all external organizations, including members of the news media, embassy

and consulate members, and congressional members and their staff, and defines personal

interviews as those involving these same groups.

(a) An inmate may not receive compensation or anything of value for interviews with the news

media.

(b) Either an inmate or a representative of the news media may initiate a request for a personal

interview at an institution.

(c) Visits by the news media to conduct personal interviews are subject to the same conditions

stated in § 540.62. A media representative shall make a request for personal interview within a

reasonable time prior to the personal interview.

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Interview requests must be submitted to the designated PIO at the correctional institution or

RRM office where the inmate is assigned.

(d) Staff shall notify an inmate of each interview request, and shall, as a prerequisite, obtain

from the inmate written consent for the interview prior to the interview taking place. The

written consent or denial becomes part of the inmate's central file.

The inmate who agrees to an interview must complete the BP-A0233, News Interview

Authorization form.

(e) As a prerequisite to granting the interview, an inmate must authorize the institutional staff

to respond to comments made in the interview and to release information to the news media

relative to the inmate's comments.

(f) The Warden shall normally approve or disapprove an interview request within 24 to 48

hours of the request.

The decision-making authority for granting or denying official interview requests or visits in

Bureau institutions or Residential Reentry Centers (RRC) resides solely with an institution's

Warden or the Residential Reentry Manager. The Warden or Residential Reentry Manager of a

facility has the authority to approve, deny, or approve an interview with modifications to the

original request. They are responsible for assessing issues related to each request on a case-by-case basis and their decision is final.

(g) The Warden shall document any disapproval. A request for interview may be denied for

any of the following reasons.

(1) The news media representative, or the news organization which he or she represents,

does not agree to the conditions established by this subpart or has, in the past, failed to

abide by the required conditions.

(2) The inmate is physically or mentally unable to participate. This must be supported by a

medical officer's statement (a psychologist may be used to verify mental incapacity) to be

placed in the inmate's record, substantiating the reason for disapproval.

(3) The inmate is a juvenile (under age 18) and written consent has not been obtained from

the inmate's parent or guardian. If the juvenile inmate's parents or guardians are not known

or their addresses are not known, the Warden of the institution shall notify the

representative of the news media of the inmate's status as a juvenile, and shall then consider

the request.

(4) The interview, in the opinion of the Warden, would endanger the health or safety of the

interviewer, or would probably cause serious unrest or disturb the good order of the

institution.

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(5) The inmate is involved in a pending court action and the court having jurisdiction has

issued an order forbidding such interviews.

(6) In the case of unconvicted persons (including competency commitments under 18

U.S.C. 4244 and 4246) held in federal institutions, interviews are not authorized until there

is clearance with the court having jurisdiction, ordinarily through the U.S. Attorney's

Office.

In some districts there may be a standing authorization for interviews, in the absence of

individual “gag orders,” but in other districts all pretrial inmates may need to be cleared upon

request for interviews as the court having jurisdiction may have issued an order limiting or

forbidding interviews. The appropriate U.S. Attorney’s Office must be contacted to determine

whether such an order is in force or if there are any objections to this inmate participating in a

media interview.

(7) The inmate is a “protection” case and revelation of his or her whereabouts would

endanger the inmate's safety.

(8) In the opinion of the Warden, the interview may portray the agency or institution as

endorsing or glorifying an inmate’s view or crime (e.g., providing notoriety, revictimization

of victims).

(h) Interviews are normally held in the institution visiting room during normal weekday

business hours. The Warden may:

(1) Determine that another location is more suitable for conducting the interview;

(2) Limit interview time for the entire institution if the Warden determines that the

interviews are imposing a serious drain on staff or use of the facilities;

(3) Limit to one one-hour interview per month for an inmate in segregation, restricted,

holdover, control unit, or hospital status if required by special security, custodial, or

supervisory needs; and

(4) Limit the amount of audio, video, and film equipment or number of media personnel

entering the institution if the Warden determines that the requested equipment or personnel

would create a disruption within the institution.

The Warden may also approve an interview but deny the use of audio, video, and recording

devices/equipment.

(i) In conjunction with the personal interview, if the member of the media wishes to tour the

institution, he or she must comply with the provisions of § 540.61.

Requests to tour a facility must be handled in accordance with the section titled, Ҥ 540.62

Institutional visits,” of this program statement.

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(j) Interviews are not subject to auditory supervision.

Official interviews with representatives of the news media must be afforded the same privilege

as counsel or attorney visits regarding auditory supervision. However, interviews will be visually

supervised in accordance with operational procedures and visiting policy.

§ 540.64 Press pools.

(a) The Warden may establish a press pool whenever he or she determines that the frequency

of requests for interviews and visits reaches a volume that warrants limitations.

(b) Whenever the Warden establishes a press pool, the Warden shall notify all news media

representatives who have requested interviews or visits that have not been conducted.

Selected representatives are admitted to the institution to conduct the interviews under the

specific guidelines established by the Warden.

Unless otherwise specified and granted permission by the Warden, representatives of the news

media are not permitted access to institution property for the use of film or photography but may

film from nearby public property.

(c) All members of the press pool are selected by their peers and consist of not more than one

representative from each of the following groups:

(1) The national and international news services;

(2) The television and radio networks and outlets;

(3) The news magazines and newspapers; and

(4) All media in the local community where the institution is located. If no interest has been

expressed by one or more of these groups, no representative from such group need be

selected.

(d) All news material generated by such a press pool is made available to all media without

right of first publication or broadcast.