BILL NUMBER: AB 1866	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2004

INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 2, 2004

   An act to add Sections 2602 and 2603 to the Penal Code, relating
to prisoners.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1866, as amended, Leno.  Media access to prisoners.
   Existing law provides that a person sentenced to imprisonment in
the state prison has the right to correspond confidentially with any
member of the State Bar or holder of public office, subject to
inspection by prison authorities to search incoming mail for
contraband.
   The bill would require the Department of Corrections to permit
representatives of the news media to interview or visit prisoners in
person or randomly, as specified, subject to reasonable time, place,
and manner restrictions established by the department to ensure
security and accommodate efficiency of the interview.  It would allow
a department official or a warden discretion to adopt policies
providing for prearranged visitation rights or greater access for
representatives of the news media.  This bill would also prohibit the
interview of a prisoner or parolee against his or her will and would
require the department to permit the news media to receive
confidential correspondence from a prisoner, except as specified.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature in enacting this
act to invalidate changes in Section 3261.5 of Title 15 of the
California Code of Regulations for which a certificate of compliance
was filed on April 14, 1997, to the extent it is inconsistent with
Sections 2602 and 2603 of the Penal Code.
  SEC. 2.  Section 2602 is added to the Penal Code, to read:
   2602.  (a) The Department of Corrections shall permit
representatives of the news media to visit prisoners in person during
a prisoner's regular visitation hours, subject to the normal friends'
and relatives' visiting approval process except as provided in this
section.  A representative of the news media may apply to be an
approved visitor at an institution without identifying a specific
inmate on the application form, and need not be on an inmate's list
of approved visitors.   Once approved for visits at any
institution, a representative of the news media shall be allowed
during a one-year, renewable period to visit any prisoner at that
institution who is entitled to visitation and is willing to receive
visits from a representative of the news media.  The department may
establish reasonable time, place, and manner restrictions to ensure
the security of the institution and to accommodate the efficient
administration of a news media interview during a regularly scheduled
visiting period.  Nothing in this section shall prohibit an official
of the department or a warden of a particular institution in his or
her discretion from adopting a policy providing for prearranged
visitation rights or greater access policies for representatives of
the news media.
   (b) (1) The department shall permit random interviews of
individuals encountered by a representative of the news media while
covering a facility tour, activity, program, or event.
   (2) During any random interview or visit with a prisoner, a
representative of the news media may use materials necessary to
conduct the interview, including, but not limited to, pens, pencils,
papers, laptop computers,  cameras, and audio and video
recording devices.
   (3) The department shall permit the news media to receive
confidential correspondence from a prisoner unless to do so would
pose an immediate and direct threat to the security of the
institution or the physical safety of the public.
   (4) No prisoner or parolee shall be interviewed or receive a visit
from a representative of the news media against his or her will.
   (5) 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, or transferred to another prison
against his or her wishes, for participating in a visit by a
representative of the news media.
  SEC. 3.  Section 2603 is added to the Penal Code, to read:
   2603.  For purposes of this article, "representative of the news
media" means a journalist who works for, or is under contract to, a
newspaper, magazine, wire service, 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.