Bill Text: CA SB254 | 2023-2024 | Regular Session | Amended
Bill Title: Correctional facilities: media access.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-08-29 - Assembly amendments concurred in. (Ayes 29. Noes 10.) Ordered to engrossing and enrolling. [SB254 Detail]
Download: California-2023-SB254-Amended.html
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Amended
IN
Assembly
August 19, 2024 |
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Amended
IN
Senate
January 24, 2024 |
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Amended
IN
Senate
January 22, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 254
| Introduced by Senator Skinner |
January 30, 2023 |
An act to add Sections 6357 and 6357.1 to the Penal Code, relating to correctional facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 254, as amended, Skinner.
Correctional facilities: media access.
Existing law grants certain rights to inmates in state prisons. Existing regulation allows media representatives access to state prisons with prior approval, and allows unscheduled interviews with inmates.
This bill would would, beginning January 1, 2027, require the Department of Corrections and Rehabilitation to permit representatives of the news media to tour a facility or interview prisoners incarcerated persons in person, as specified. The bill would prohibit
retaliation against an incarcerated person for participating in a visit by, or communicating with, a representative of the news media.
The bill would require all Department of Corrections and Rehabilitation facilities to allow state officials, as specified, to visit those facilities at any time and meet with incarcerated people upon request. request, beginning January 1, 2027.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 6357 is added to the Penal Code, to read:6357.
(a) The Department of Corrections and Rehabilitation shall permit representatives of the news media to tour a facility or interview incarcerated people in person, including prearranged interviews with specified incarcerated people and individuals encountered by a representative of the news media while covering a facility tour, activity, event, or program. Representatives of the news media shall also be allowed to document conditions that exist within the prison(b) During any tour or interview with an incarcerated person, a representative of the news media may use materials and equipment necessary to conduct the tour or interview, including, but not limited to, pens, pencils, papers, and audio and video recording devices. These items may be subject to search only for the purpose of protecting against an immediate and direct a threat to the security of the institution. The contents of the information that representatives of the news media collect during a tour or interview, including notes, papers, and audio and video recordings, shall not be reviewed or copied by representatives of the institution.
(c) A news media representative who desires to tour or conduct an interview at an institution shall make the request prior to the tour or interview in writing to the warden or the institution’s public information office.
(d) Staff shall notify an incarcerated person of each interview request, and no interview shall be permitted without the
incarcerated person’s consent.
(e) An incarcerated person shall not receive compensation for interviews with the news media.
(f) The warden may deny a tour or interview with a particular incarcerated person if it is determined that the tour or interview would pose an immediate and direct a threat to the security of the institution or the physical safety of a member of the public. jeopardize safety or prison operations. This notification
shall be given to the requestor within 48 hours 10 days of receiving the request. The representative of the news media shall receive an explanation of the specific reasons for the denial no later than five 10 days after the notification.
(g) In order to ensure the security of the institution, the physical safety of the public, and the efficient administration of news media interviews, the Department of Corrections and Rehabilitation may establish reasonable time, place, and manner restrictions for prison interviews,
including limitations on the number of interviews per prisoner incarcerated person
in a specified time period, limitations on the amount of audio, video, and film equipment entering the facility for the interview, and arrangements for pool interviews if the number of journalists requesting to interview any one prisoner incarcerated person is excessive.
(h) No incarcerated person may have their visitation limited or revoked because of a visit or potential visit from a representative of the news media, nor may a prisoner an incarcerated person be punished, reclassified, disciplined,
transferred to another prison against their wishes, or otherwise retaliated against, for participating in a visit by, or communicating with, a representative of the news media.
(i) Interviews, whether in person or via telephone or video conferencing, shall not be subject to audio or video monitoring or recording by anyone other than the representative of the news media.
(j) For the purposes of this section, “representative of the news media” means a duly authorized representative of any news service, online news service, newspaper, or radio or television station or network.
(k) While news media is conducting an interview in person or covering a facility tour, activity, event, or program,
photography or video that captures identifying images of any person, including, but not limited to, an incarcerated person, visitor, or Department of Corrections and Rehabilitation staff or contractor, shall not be published or displayed without the person’s prior consent. If a person does not consent to the use of their image, the identifying image shall be excluded or obscured in order to conceal the identity of the individual.
(l) This section shall become operative on January 1, 2027.
SEC. 2.
Section 6357.1 is added to the Penal Code, to read:6357.1.
(a) The following persons shall be authorized to visit at their pleasure all Department of Corrections and Rehabilitation facilities and meet with incarcerated people upon request:(a)
(1) The Governor and all Cabinet members.
(b)
(2) Members of the Legislature and up to one staff member per legislator.
(c)
(3) Current and retired judges of the State of California.
(d)
(4) Members of the Committee on the Revision of the Penal Code and committee staff.
(b) This section shall become operative on January 1, 2027.
