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| 2 | 2 | | SENATE DOCKET, NO. 1008 FILED ON: 1/18/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1582 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Rebecca L. Rausch |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to media access and transparency in correctional facilities. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and MiddlesexPatricia D. JehlenSecond Middlesex2/28/2023 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 1008 FILED ON: 1/18/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1582 |
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| 18 | 18 | | By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1582) of Rebecca L. Rausch and |
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| 19 | 19 | | Patricia D. Jehlen for legislation relative to media access and transparency in correctional |
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| 20 | 20 | | facilities. Public Safety and Homeland Security. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act relative to media access and transparency in correctional facilities. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. Chapter 127 of the General Laws is hereby amended by inserting after |
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| 30 | 30 | | 2section 36C the following section:- |
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| 31 | 31 | | 3 Section 36D. |
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| 32 | 32 | | 4 (a) For purposes of this section, “News media representatives” shall mean persons who |
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| 33 | 33 | | 5are engaged in reporting news for: (i) a radio or television program (ii) an online or print |
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| 34 | 34 | | 6newspaper; (iii) an online or print magazine; (iv) a national or international news service, |
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| 35 | 35 | | 7including wire services; (v) a website; or (vi) a podcast. Freelance reporters and journalists shall |
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| 36 | 36 | | 8be considered news media representatives. |
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| 37 | 37 | | 9 (b) No correctional institution, state prison, jail, or house of correction, the commissioner |
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| 38 | 38 | | 10of correction, sheriff, superintendent, correctional officer, employee, contractor or any other staff |
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| 39 | 39 | | 11shall abridge the right of a person incarcerated in any correctional or penal institution in the |
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| 40 | 40 | | 12commonwealth to confer with any news media representative. Such news media representatives 2 of 3 |
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| 41 | 41 | | 13may visit an incarcerated person at such times as may be established under rules promulgated by |
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| 42 | 42 | | 14the commissioner. News media representatives shall have rights to unimpeded, confidential, in |
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| 43 | 43 | | 15person visitation and video conferencing commensurate with the rights of attorneys established |
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| 44 | 44 | | 16in section 36A; provided further, that there shall be no restrictions on the access of news media |
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| 45 | 45 | | 17representatives due to housing placement or due to disciplinary sanctions imposed on an |
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| 46 | 46 | | 18incarcerated person for any offense. |
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| 47 | 47 | | 19 (c) All correctional institutions, state prisons, jails, and houses of correction shall provide |
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| 48 | 48 | | 20for unimpeded, unmonitored, and confidential telephone communication between news media |
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| 49 | 49 | | 21representatives and incarcerated persons. Media representatives shall be permitted to establish a |
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| 50 | 50 | | 22telephone line which shall be authorized for confidential communication with any incarcerated |
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| 51 | 51 | | 23person. All institutions shall provide an online system whereby news media representatives can |
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| 52 | 52 | | 24register their information, including without limitation email address and telephone numbers. |
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| 53 | 53 | | 25Upon verifying the news media representative’s credentials, the institution shall publish such |
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| 54 | 54 | | 26information on the institution’s website and provide the same to all incarcerated persons upon |
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| 55 | 55 | | 27entry into any correctional facility. Ordinary pre-authorization processes, telephone limitations, |
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| 56 | 56 | | 28restrictions, and cap limits shall not apply to conversations between incarcerated persons and |
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| 57 | 57 | | 29news media representatives. Incarcerated persons serving disciplinary sanctions shall at all times |
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| 58 | 58 | | 30be permitted telephone access to news media representatives. |
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| 59 | 59 | | 31 (d) Attorneys shall be permitted to bring with them a news media representative on any |
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| 60 | 60 | | 32legal visit with an incarcerated person, including in person visits, video visits, and video |
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| 61 | 61 | | 33conferencing. 3 of 3 |
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| 62 | 62 | | 34 (e) Retaliation against any incarcerated person for communication with a news media |
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| 63 | 63 | | 35representative shall be prohibited and punishable by disciplinary action up to and including |
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| 64 | 64 | | 36termination. |
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| 65 | 65 | | 37 (f) The commissioner of correction shall update regulations in accordance with this |
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| 66 | 66 | | 38section. |
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| 67 | 67 | | 39 (g) Sheriffs shall update policies in accordance with this section. |
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| 68 | 68 | | 40 SECTION 2. Section 87 of chapter 127 of the General Laws is hereby amended by |
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| 69 | 69 | | 41inserting in subsection (a) after the phrase “the commissioner or any deputy commissioner of |
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| 70 | 70 | | 42correction,” the following:- any news media representative as defined by section 36D of chapter |
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| 71 | 71 | | 43127. |
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