BILL ANALYSIS
AB 1866
Page 1
ASSEMBLY THIRD READING
AB 1866 (Leno)
As Amended April 16, 2004
Majority vote
PUBLIC SAFETY 4-2 APPROPRIATIONS 13-3
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|Ayes:|Leno, Dymally, Goldberg, |Ayes:|Chu, Berg, Corbett, |
| |Firebaugh | |Firebaugh, Goldberg, |
| | | |Haynes, Leno, Nation, |
| | | |Oropeza, Pavley, |
| | | |Ridley-Thomas, Wiggins, |
| | | |Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|La Suer, Spitzer |Nays:|Runner, Bates, Keene |
| | | | |
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SUMMARY : Invalidates regulations issued by the California
Department of Corrections (CDC) restricting media access to
prisoners. Specifically, this bill :
1)Requires CDC to permit representatives of the media to visit
prisoners in person during regular visitation hours subject to
the normal visiting approval process except as specified.
2)Provides that 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.
3)States that once a representative of the media is approved for
visits at any institution, the representative shall be allowed
during a one-year renewable period to visit any inmate at that
institution who is entitled to visitation and is willing to
receive visits from a representative of the news media.
4)Allows CDC to 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 visitation period.
5)States that nothing in this section shall prohibit an official
of CDC or a warden of a particular institution in his or her
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discretion from adopting a policy providing for prearranged
visitation rights or greater access policies for
representatives of the news media.
6)Requires CDC to allow random interviews of individuals
encountered by a representative of the news media while
covering a facility tour, activity, program, or event.
7)Allows a representative of the news media to use materials
necessary to conduct interviews including, but not limited to,
pens, pencils, papers, cameras, and audio and video recording
devices.
8)Requires CDC to permit the news media to receive confidential
correspondence from a prisoner unless to do so would pose an
immediate a direct threat to the security of the institution
or the physical safety of the public.
9)Prohibits interviews of a prisoner or parolee against his or
her will.
10)Provides that no prisoner or parolee shall 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.
11)Defines "representative of the news media" as 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.
EXISTING LAW :
1)Requires that any restriction of a prisoner's rights during
confinement be reasonably related to legitimate penological
interests.
2)Allows a prisoner to correspond confidentially with a public
official or an attorney provided that the prison authorities
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may open and inspect mail to search for contraband.
3)Prohibits a prisoner from participating in a specific
face-to-face interview with a media representative.
4)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.
5)Prohibits a media representative from using a camera or
recording equipment during an interview without the prior
approval of the institution head or designee.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, absorbable costs, if any, to CDC. According
to CDC, less than 200 interview requests are received each year.
COMMENTS : According to the author, "This bill grants media
representatives the same access to CDC inmates that they had
been privy to for over 20 years, prior to 1996. The ability of
the press to conduct interviews is crucial in providing the
general public with a balanced and informed perspective on the
operations of the state correctional system.
"By providing the press with access to correctional
institutions, we can better maintain public accountability of
the prison system and foster a safe and efficient correctional
system. The importance of the media in informing the public on
prison spending and other critical public safety issues cannot
be underestimated.
"This bill provides a balanced approach to media access,
accommodating the concerns of prison security and open
government. At a time when public scrutiny over correctional
system is heightened, this bill is essential."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
AB 1866
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319-3744
FN: 0004865