BILL ANALYSIS Ó
AB 1270
Page 1
Date of Hearing: January 10, 2012
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1270 (Ammiano) - As Amended: January 4, 2012
SUMMARY : Requires the California Department of Corrections
(CDCR) to permit media representatives to interview inmates
personally in California's prison on a pre-arranged, as well as
random, basis unless the warden determines the interview poses
an immediate threat to public safety or the security of the
institution. Specifically, this bill :
1)Requires the warden, once he or she has granted a media
interview request, to provide notice to the victim or victim's
family at least two days prior to the interview if the victim
or victim's family has stated they wish to be notified in the
event of interview requests.
2)Provides that during an interview, a news media representative
may use materials necessary to conduct interviews, 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.
3)States that 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
institutions public relations office.
4)Requires staff to notify an inmate of each interview request,
further stating that no interview shall be permitted without
the inmate's consent.
5)States that an inmate should not receive compensation or
anything of value for interviews with the news media.
6)Requires the warden or the warden's designated public
relations or custodial official to notify the news media
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representative making the interview request whether the
interview has been granted within 48 hours of the request.
7)Requires the warden or the warden's designated public
relations or custodial official be given at least two business
days prior to an interview to notify the victim, who has
requested notification of an interview request, that the
interview has been granted.
8)Allows the warden or the warden's designated public relations
or custodial official to deny an interview with a particular
prisoner if it is determined that the interview poses an
immediate and direct threat to the security or the physical
safety of a member of the public. The news media
representative will receive specific explanations for the
denial within a reasonable period of time.
9)Allows CDCR to establish a reasonable time, place, and manner
restrictions for prison interviews, including limitations on
the number of interviews per prisoner in a specified time
period and limitations on the amount of audio, video, and film
equipment entering the facility for the interview. CDCR also
can establish arrangements for pool interviews if the requests
to interview one individual are excessive.
10) States that no prisoner or parolee can have his or her
visitation limited or revoked as a result of a visit from a
news media representative. A prisoner or parolee may also not
be punished, reclassified, disciplined, transferred to another
prison against his or her wishes, or retaliated against for
participating or communicating with a representative of the
news media.
11)Prohibits interviews from being the subject of auditory
monitoring.
12) Defines "representative of the news media" as a journalist
who works for or is under contract to a newspaper, magazine,
wire service, book publisher, or radio or television program;
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.
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EXISTING LAW :
1)Vests the Secretary of the CDCR with the supervision,
management and control of state prisons. The Secretary is
also responsible for the care, custody, treatment, training,
discipline and employment of a person confined in those
prisons. The Secretary may decide the rules and regulations
for the administration of the prisons. (Penal Code Sections
5054 and 5058.)
2)Requires a person sentenced to imprisonment in a state prison
may only be denied of civil rights reasonably related to
legitimate penological interests. (Penal Code Section 2600.)
3)Allows an inmate in a California state prison to correspond
confidentially with a member of the State Bar or holder of
public office, provided that the prison authorities may open
and inspect incoming mail to search for contraband. (Penal
Code Section 2601.)
4)Prohibits a prisoner from participating in a specific
face-to-face interview with a media representative. ÝCDCR
Regulations, Title 15, Section 3261.5(a)(2).]
5)Permits a media representative to engage in random
face-to-face interviews of individuals involved in a specific
activity or program or encountered while covering a facility
activity or event, and shall be limited to the time, areas and
segments of the facility population designated by the
institution head. ÝCDCR Regulations, Title 15, Section
3261.5(a)(1).]
6)Prohibits use of cameras or recording equipment without prior
approval of the institution head or designee. ÝCDCR
Regulations, Title 15, Section 3261.5(b).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill
enables media representatives to request specific in-person
inmate interviews and requires CDCR to respond to requests
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within a 48 hour period. The department would still retain
discretion over all media requests, including the ability to
deny requests that pose any safety risks to the institution,
staff, or a member of the public. Any responses denying a
request must be accompanied with a written explanation for the
request denial. Crime victims and their families would be
notified of the approved interview at least two days prior to
the date of the interview and inmates would be protected from
any acts of restitution by CDCR for speaking with a media
representative."
2)Background and History : In 1971, the CDCR adopted a
regulation prohibiting media access to specifically named
prisoners. This regulation was upheld by the United States
Supreme Court in Pell v. Procunier (1974) 417 U.S. 817. The
Court found that a prison inmate retains those first amendment
rights that are not inconsistent with his or her status as a
prisoner and with the legitimate penological objectives of the
corrections system and the rights of the media under the First
and Fourteenth Amendments are not infringed since the media
can still visit prisons and talk to inmates at random.
In 1975, the Legislature enacted Penal Code Section 2620
(Chapter 1175, Statutes of 1975) which provided that during
any periods of confinement, state prisoners may only be
deprived of rights "as is necessary in order to provide for
the reasonable security of the institutions . . . and for the
reasonable protection of the public." When this section was
enacted, the CDCR again allowed media access to specifically
named prison inmates.
In Turner v. Safly (1987) 482 U.S. 78, the test for limiting
inmates' rights was held to be whether the restriction "is
reasonably related to legitimate penological interests." In
1994, Penal Code Section 2620 was amended (Chapter 555,
Statutes of 1994) to generally adopt the Turner standard. As
amended Penal Code Section 2620 stated, "A person sentenced to
imprisonment in the state prison may during a period of
confinement be deprived of such rights and only such rights as
is related to legitimate penological interests."
The adoption of the Turner standard in statute, as noted above,
prompted the CDCR in 1996 to issue emergency regulations that
deleted news media from the confidential correspondence
authority and deleted authority for "specific person" media
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interviews along with the procedures that had existed to
facilitate such interviews (and added language that "inmates
may not participate in specific-person face-to-face
interviews").
3)Pre-Arranged Interviews with Inmates : Current regulations
prohibit representatives of the news media from prearranging
an interview with a CDCR prisoner. With respect to the
implementation of these regulations, a CDCR memorandum dated
November 3, 2004, "Revisiting California Department of
Corrections Media Policy", sets forth CDCR's policy regarding
prearranged interviews:
a) "Institutions are prohibited by CCR, Title 15, Section
3261.5 to arrange individual interviews between media and
inmates;
b) "If a media member wants to contact an inmate, they can
do so by writing a letter and getting approval to be on the
inmate's visiting list;
c) "As a visitor, media are allowed to bring writing
materials but are prohibited from bringing any electronic
recording devices and cameras; and,
d) "The media member can meet with a specific inmate during
normal visiting hours and is allowed to bring writing
material to take notes while interviewing an inmate."
4)Cameras and Electronic Recording Equipment : Current
regulations: (a) restrict the use of video and audio
recording equipment while within a CDCR facility generally;
(b) require the prior approval of the institution head for
random interviews; and, (c) may not be used for pre-arranged
interviews during visiting hours.
This bill requires CDCR to allow representatives of the news
media to use materials such as pens, paper and electronic
recording equipment during any interview with a prisoner,
subject to search and reasonable limitations on time and
amount of recording equipment entering the facility.
It is not clear that the authority of the institution head to
limit the amount of recording equipment allowed within the
institution also vests an institution head with the authority
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to limit the specific type of equipment or use of that
equipment once permitted inside. This may lead to an
institution head either granting an interview where the
representative of the news media operates video and audio
equipment or a denial of the interview altogether for purposes
of protecting institutional security or a member of the
public.
5)Prior Legislation :
a) SB 304 (Romero), of the 2007-08 Legislative Session, was
identical to this bill and would have allowed
representatives of the news media to conduct prearranged
interviews with specified prisoners incarcerated in the
CDCR. SB 304 was vetoed.
b) SB 1521 (Romero), of the 2005-06 Legislative Session,
was identical to this bill and would have allowed
representatives of the news media to conduct prearranged
interviews with specified prisoners incarcerated in the
CDCR. SB 1521 was vetoed.
c) SB 239 (Romero), of the 2005-06 Legislative Session was
identical to this bill and would have allowed
representatives of the news media to conduct prearranged
interviews with specified prisoners incarcerated in the
CDCR. SB 239 was vetoed.
d) SB 1164 (Romero), of the 2003-04 Legislative Session,
would have allowed representatives of the news media to
conduct prearranged interviews with specified prisoners
incarcerated in the CDCR. SB 1164 was vetoed.
e) AB 1440 (Migden), of the 1999-2000 Legislative Session,
would have repealed regulations issued by the CDCR
restricting media access to prisoners. AB 1440 was vetoed.
f) AB 2101 (Migden), of the 1999-2000 Legislative Session,
was identical to AB 1440. AB 2101 was vetoed.
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union
AB 1270
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Books Not Bars
California Attorneys for Criminal Justice
California Correctional Peace Officers Association
California Newspaper Publishers Association
California Public Defenders Association
Drug Policy Alliance
Friends Committee on Legislation of California
Legal Services for Prisoners with Children
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744