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