BILL NUMBER: AB 1866 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 20, 2004
AMENDED IN ASSEMBLY APRIL 16, 2004
INTRODUCED BY Assembly Member Leno
FEBRUARY 2, 2004
An act to add Sections 2602 and 2603
Section 5009.5 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
This 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.
It would require that any change in the employment status or
freelance assignment of a representative of the news media be
reported to the department immediately, and would provide that
failure of the representative to do so may result in the revocation
of visiting privileges. This bill would also prohibit the
interview of a prisoner or parolee against his or her will and would
require forbid the
department to permit the news media to receive confidential
correspondence from a prisoner, except retaliate
against a prisoner or parolee for participating in a visit by a
representative of the news media, 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 5009.5
is added to the Penal Code, to read:
2602. (a)
5009.5. (a) (1) The Department of Corrections shall permit
representatives of the news media , as defined in Section 3000
of Title 15 of the California Code of Regulations, 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
prisoner on the application form, and need not be on
an inmate's a prisoner'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. Any change in the employment status
or freelance assignment of a representative of the news media shall
be reported to the department immediately. Failure of a
representative of the news media to report a change in employment
status or freelance assignment may result in the revocation of
visiting privileges.
(2) During any visit with a prisoner, a representative of the news
media may use his or her own pens, pencils, and papers. These items
shall be subject to search.
(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, and
papers. The use of 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) devices shall require the prior approval of the
institution head or designee.
(c) 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 or random interview.
(d) No prisoner or parolee shall be interviewed or receive a
visit from a representative of the news media against his or her
will.
(5)
(e) 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.