Journalists would gain access to California jails and prisons under proposed law

A new piece of legislation could increase transparency in California prisons and local jails, making them more accessible for journalists to report on them.

If passed, the bill could have a major impact in Riverside County. Currently, journalists wanting to interview inmates “just go in like a normal person” during visiting hours and are not allowed to record audio or video, said Sgt. Wenndy Brito-Gonzalez, a public information officer for the sheriff's department.

But Senate Bill 254 would change this regulation and several others. 

The state Department of Corrections and Rehabilitation and local jails would be required to allow journalists to tour their facilities, document conditions and interview incarcerated people in person — even if the journalist bumped into them during their reporting and didn’t arrange an interview in advance. 

State Sen. Nancy Skinner, D-Berkeley, who introduced the bill, said news media plays an important role in providing information about how the government operates. 

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

The state allowed more access to prisons up until the 1990s, according to the press release announcing the legislation. But then-Gov. Pete Wilson and the legislature allowed the California Department of Corrections and Rehabilitation to limit that access in 1994 and then further limit it in 1996, the press release said.

It is the 10th time a bill like this is being introduced to improve media access, although it's the first time in a decade.

Between 1998 and 2012, lawmakers passed nine bills to restore media access, the San Francisco Chronicle reported, but they were all vetoed by Wilson and then-Govs. Gray Davis, Arnold Schwarzenegger and Jerry Brown.SB 254 would also allow journalists to audio and video record, and use other materials they may need like pen and paper. Institutions would not be allowed to look over these items’ contents, and they could only be searched for security threats. 

Riverside County Sheriff Chad Bianco did not respond to The Desert Sun's request for comment regarding his position on the bill.

The legislation is sponsored by the California News Publishers Association and co-sponsored by the California Broadcasters Association. Brittney Barsotti, general counsel of CNPA, said both associations have co-sponsored failed previous versions of the bill as well.

“This bill will dramatically improve media access to inmates as well as facilities to provide transparency as to conditions in prisons and jails,” Barsotti said in an email. 

She added that access to facilities is currently limited and equipment has to be approved beforehand. 

If the bill is enacted, journalists would need to send a written request to the sheriff or other point of contact ahead of time for an interview or tour. Their request could be denied only if it were found to cause a threat to the facility's security or someone’s safety.

An incarcerated person would be told that someone requested to interview them, and they would need to consent to the interview. They could not be punished for speaking to the news media. 

The bill also states that certain state officials would be allowed "to visit at their pleasure all Department of Corrections and Rehabilitation facilities and county jails and meet with incarcerated people upon request."

“Regulations have increasingly closed our prison system to public scrutiny. When transparency is increased, trust follows,” said Joe Berry, president and CEO of the California Broadcasters Association, in a prepared statement. “This bill will allow local radio and television stations to keep their communities informed on how their tax dollars are being spent.”

News editor Eric Hartley contributed to this report.