BILL NUMBER: AB 1270	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2012

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 18, 2011

   An act  relating to peace officers   to add
Section 6357 to the Penal Code, relating to prisons  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1270, as amended, Ammiano.  Peace officers: citizen
review commissions.   Prisons: 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 random interviews with
inmates.  
   This bill would require the Department of Corrections and
Rehabilitation, upon reasonable notice, to permit representatives of
the news media to interview prisoners in person, as specified. The
bill would forbid retaliation against an inmate for participating in
a visit by, or communicating with, a representative of the news
media.  
   Existing law requires each agency that employs peace officers to
establish a procedure to investigate complaints by members of the
public against the personnel of these agencies and to make a written
description of the procedure available to the public. 

   This bill would declare the intent of the Legislature to enact
legislation to establish guiding principles for the development and
operation of citizen peace officer review commissions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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, upon
reasonable notice, shall permit representatives of the news media to
interview prisoners in person, including prearranged interviews with
specified prisoners and individuals encountered by a representative
of the news media while covering a facility tour, activity, event, or
program.
   (b) During any interview with a prisoner, a representative of the
news media may use materials and equipment necessary to conduct the
interview, including, but not limited to, pens, pencils, papers, and
audio and video recording devices. These items shall be subject to
search for the purpose of protecting against an immediate and direct
threat to the security of the institution.
   (c) A news media representative who desires to conduct a
prearranged interview at an institution shall make the request within
a reasonable time period prior to the requested interview in writing
to the warden or through contact with the institution's public
relations office.
   (d) Staff shall notify an inmate of each interview request, and no
interview shall be permitted without the inmate's consent.
   (e) An inmate may not receive compensation or anything of value
for interviews with the news media.
   (f) The warden or the warden's designated public relations or
custodial official shall, within 48 hours of receiving an interview
request, notify the news media representative making the request
whether the interview has been granted.
   (g) After the warden or the warden's designated public relations
or custodial official grants a request for an interview, staff shall,
at least two business days prior to the interview, notify any
victims of the inmate who have previously notified the warden or
Department of Corrections and Rehabilitation that they wish to be
contacted in the event of an interview request that an interview has
been granted.
   (h) The warden or his or her designee may deny an interview with a
particular prisoner if it is determined that the interview would
pose an immediate and direct threat to the security of the
institution or the physical safety of a member of the public. Within
a reasonable period of time, the representative of the news media
shall receive an explanation of the specific reasons for the denial.
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 may establish reasonable time, place, and
manner restrictions for prison interviews, including limitations on
the number of interviews per prisoner 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 is excessive.
   (i) No prisoner or parolee may have his or her visitation limited
or revoked because of a visit or potential visit from a
representative of the news media, nor may a prisoner or parolee be
punished, reclassified, disciplined, transferred to another prison
against his or her wishes, or otherwise retaliated against, for
participating in a visit by, or communicating with, a representative
of the news media.
   (j) Interviews shall not be subject to auditory monitoring.
   (k) For the purposes of this section, "representative of the news
media" means a journalist who works for, or is under contract to, a
newspaper, magazine, wire service, book publisher, or radio or
television program, or station or who, through press passes issued by
a governmental or police agency, or through similar convincing
means, can demonstrate that he or she is a bona fide journalist
engaged in the gathering of information for distribution to the
public.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation to establish guiding principles for the
development and operation of citizen peace officer review
commissions.