SENATE DOCKET, NO. 1008        FILED ON: 1/18/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1582

The Commonwealth of Massachusetts

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PRESENTED BY:

Rebecca L. Rausch

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to media access and transparency in correctional facilities.

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PETITION OF:

SENATE DOCKET, NO. 1008        FILED ON: 1/18/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1582

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to media access and transparency in correctional facilities.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 127 of the General Laws is hereby amended by inserting after section 36C the following section:-

Section 36D.

(a) For purposes of this section, “News media representatives” shall mean persons who are engaged in reporting news for: (i) a radio or television program (ii) an online or print newspaper; (iii) an online or print magazine; (iv) a national or international news service, including wire services; (v) a website; or (vi) a podcast. Freelance reporters and journalists shall be considered news media representatives.

(b) No correctional institution, state prison, jail, or house of correction, the commissioner of correction, sheriff, superintendent, correctional officer, employee, contractor or any other staff shall abridge the right of a person incarcerated in any correctional or penal institution in the commonwealth to confer with any news media representative. Such news media representatives may visit an incarcerated person at such times as may be established under rules promulgated by the commissioner. News media representatives shall have rights to unimpeded, confidential, in person visitation and video conferencing commensurate with the rights of attorneys established in section 36A; provided further, that there shall be no restrictions on the access of news media representatives due to housing placement or due to disciplinary sanctions imposed on an incarcerated person for any offense.

(c) All correctional institutions, state prisons, jails, and houses of correction shall provide for unimpeded, unmonitored, and confidential telephone communication between news media representatives and incarcerated persons. Media representatives shall be permitted to establish a telephone line which shall be authorized for confidential communication with any incarcerated person. All institutions shall provide an online system whereby news media representatives can register their information, including without limitation email address and telephone numbers. Upon verifying the news media representative’s credentials, the institution shall publish such information on the institution’s website and provide the same to all incarcerated persons upon entry into any correctional facility. Ordinary pre-authorization processes, telephone limitations, restrictions, and cap limits shall not apply to conversations between incarcerated persons and news media representatives. Incarcerated persons serving disciplinary sanctions shall at all times be permitted telephone access to news media representatives.

(d) Attorneys shall be permitted to bring with them a news media representative on any legal visit with an incarcerated person, including in person visits, video visits, and video conferencing.

(e) Retaliation against any incarcerated person for communication with a news media representative shall be prohibited and punishable by disciplinary action up to and including termination.

(f) The commissioner of correction shall update regulations in accordance with this section.

(g) Sheriffs shall update policies in accordance with this section.

SECTION 2. Section 87 of chapter 127 of the General Laws is hereby amended by inserting in subsection (a) after the phrase “the commissioner or any deputy commissioner of correction,” the following:- any news media representative as defined by section 36D of chapter 127.