California state senator proposes to restore media access to prisons, jails

By RIA ROEBUCK JOSEPH THE CENTER SQUARE CONTRIBUTOR

(The Center Square) — California state Sen. Nancy Skinner introduced on Monday, Senate Bill 254, which proposes greater access to city and county jails and state prisons.

The proposed legislation gives the media, members of the legislature, judges, the governor and cabinet members, and members of the Committee on the Revision of the Penal Code, access to incarceration facilities in the state, upon request.

“The news media plays a vital role in providing information to the public and policymakers about how our government operates,” Sen. Skinner said.

“California used to allow the news media much greater access to state prisons, enabling us to learn more about prison conditions. But for the past three decades, California prisons have been among the least transparent in the nation.”

Prior to 1994, a wide range of prison issues including disciplinary and corrective measures, health care and mental care, rehabilitative programs and conditions inside prisons were covered by the news media, but the California Legislature and the governor empowered the California Department of Corrections and Rehabilitation to curtail media access during the “tough on crime” era, which peaked in the 1990s.

“SB 254 will reopen access so we can collect more — and better— information about how one of our largest state programs functions,” said Sena. Skinner.

The bill’s sponsors, including the California News Publishers Association and the California Broadcasters Association, hope it will bring transparency and provide important information to policymakers.

The California Department of Corrections and Rehabilitation will receive an operational budget of $14 billion for 2023. Greater access can ensure a measure of accountability on the use of taxpayers dollars in the prison system, if the bill is enacted.

“This bill will allow local radio and television stations to keep their communities informed on how their tax dollars are being spent,” said Joe Berry, president and CEO of CBA.

Nine earlier attempts by the Legislature to roll back CDCR’s 1996 regulations and restore media access to prisons were passed by the Legislature, but each time they were vetoed by sitting governors: Pete Wilson, Gray Davis, Arnold Schwarzenegger and Jerry Brown.

This 10th attempt, modeled after a similar Florida law on prison access, would grant “prisons and jail interviews with incarcerated people during tours or in pre-arranged interviews — as long as the incarcerated person consents to being interviewed and the tour or interview does not pose an immediate and direct threat to the security of the institution. Representatives of the news media can use video cameras and other recording devices.”

If passed, the law would “prohibit prison and jail officials from monitoring news media interviews or recording them. Protect incarcerated individuals from being punished for participating in a news media interview and direct prison and jail officials to inform the incarcerated person’s attorney of record before a prearranged interview.”

Brittney Barsotti, general counsel of CNPA, stated, “Increasing media access to jails and prisons is critical for transparency. Current regulations are so onerous that there is no meaningful access. This bill will ensure access that is necessary to shine a light on what occurs inside our jails and prisons,”

Sen. Nancy Skinner, who represents the 9th Senate District and is chair of the Senate Budget Committee and the California Legislative Women’s Caucus said, “California prides itself on operating a transparent and open government. SB 254 will allow us to live up to that ideal when it comes to our prisons and jails.”