BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 239|
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THIRD READING
Bill No: SB 239
Author: Romero (D)
Amended: 5/26/05
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 3-0 (FAIL), 4/12/05
AYES: Alquist, Cedillo, Romero
NO VOTE RECORDED: Poochigian, Margett, Migden, Perata
SENATE PUBLIC SAFETY COMMITTEE : 4-1, 4/26/05
AYES: Alquist, Migden, Perata, Romero
NOES: Poochigian
NO VOTE RECORDED: Cedillo, Margett
SENATE APPROPRIATIONS COMMITTEE : 8-4, 5/9/05
AYES: Migden, Alquist, Bowen, Escutia, Florez, Murray,
Ortiz, Speier
NOES: Aanestad, Ashburn, Battin, Poochigian
NO VOTE RECORDED: Dutton
SUBJECT : Media access to inmates
SOURCE : California Newspaper Publishers Association
Society of Professional Journalists
DIGEST : This bill provides media access to specific
inmates at state prisons. Current regulations of the
Department of Corrections allow media visits to state
prisons and allow random interviews at those institutions,
as specified.
CONTINUED
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Senate Floor Amendments of 5/26/05 add a requirement that
the warden of a prison ensures that a victim is notified of
a media interview, as specified, and make other changes to
the bill.
These amendments revise the existing provisions of this
bill consistent with the current language in the bill and
add a new requirement that "staff shall, at least two
business days prior to the interview, notify any victims of
an inmate who have previously notified the warden or
Department of Corrections that they wish to be contacted in
the event of an interview request that an interview has
been granted."
These amendments also move the operative provisions of this
bill to a new Section 6357 of the Penal Code which is in a
chapter related to "prisoner visitor services." The
current version of the bill adds new Sections 2602 and 2603
of the Penal Code which are next to Sections 2600 and 2601
which pertain to "inmate civil rights."
ANALYSIS : Existing regulations of the Department of
Corrections do the following:
1. Prohibit a prisoner from participating in a specific
face-to-face interview with a media representative. [CDC
regulations, Title 15, Section 3261.5 (a)(2)]
2. Prohibit a media representative from using a camera or
recording equipment during an interview without the prior
approval of the institution head or designee. [CDC
regulations, Title 15, Section 3261.5 (b)]
3. Permit media representatives to engage in interviews
with random prisoners. [CDC regulations, Title 15,
Section 3261.5 (a)]
4. Permit media representatives to engage in interviews
with random prisoners encountered during tour of
detention facility. [CDC regulations, Title 15, Section
3261.5(a)(1)]
This bill states that it is the intent of the Legislature
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in enacting this bill to facilitate the public's ability to
obtain information, through the news media, about the
operation of the state's prisons and the effectiveness of
its laws and to hold inmates publicly accountable for their
words and actions. Representatives of the news media may
visit a prison for the purpose of preparing such reports
about the institution, including by interviewing individual
prisoners. The intent of this bill is to insure a
better-informed public, not to provide publicity for an
inmate.
This bill adds Section 6357 is added to the Penal Code, to
read:
"(a) The Department of Corrections, 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.
Either an inmate or a representative of the news media
may initiate a request for a personal interview at an
institution.
"(b) During any interview 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, and audio and video
recording devices.
"(c) A news media representative who desires to conduct
a personal 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
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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
of an interview, staff shall, at least two business
days prior to the interview, notify any victims of an
inmate who have previously notified the warden or
Department of Corrections 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 a
personal 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 to 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 and arrangements for
pool interviews if the number of journalists requesting
to interview any one prisoner is excessive.
"(i) The department shall permit the news media to
exchange confidential correspondence with a prisoner
unless to do so would pose an immediate and direct
threat to the security of the institution or the safety
of the public.
"(j) 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
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prison against his or her wishes, or otherwise
retaliated against, for participating in a visit by a
representative of the news media.
"(k) Interviews shall not be subject to auditory
monitoring.
"(l) 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."
Prior Legislation
SB 1164 (Romero), 2003-04 Session, passed the Senate Floor
on August 27, 2004, with a vote of 22-7. The bill was
vetoed by Governor Schwarzenegger.
In his veto message, the Governor states:
"I believe that open access by the press is an
important component of ensuring efficiency and
effectiveness of government programs. However, this
bill is unnecessary because the media currently enjoys
wide ranging access to both prisons and inmates,
including the right to interview random inmates during
tours and specific inmates during the visitation
program.
"The California Department of Corrections current
policy is modeled after policies that have been upheld
by the U.S. Supreme Court. The policy strikes the
important balance between media access and appropriate
correctional policies that must take into account the
orderly administration of prisons.
"Finally, it is important to avoid treating inmates as
celebrities. Activities that would glamorize criminals
at the expense of victims and the general public are
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unacceptable. A free flow of information from the
prison environment into the outside world has taken
place under the current policy as evidenced by the many
published press accounts in the past year."
AB 2101 (Migden), 1999-00 Session, vetoed on September 30,
2000.
AB 1440 (Migden), 1999-00 Session, vetoed on September 7,
1999.
SB 434 (Kopp), 1997-98 Session, vetoed on October 12, 1997.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2005-06
2006-07 2007-08 Fund
Clearance checks and escorts Likely less
than $100 General
SUPPORT : (Verified 5/27/05)
California Newspaper Publishers Association (co-source)
Society of Professional Journalists (co-source)
American Civil Liberties Union
California Catholic Conference
California Public Defenders Association
California Broadcasters Association
National Writers Union
San Francisco Bay Area Chapter 3
ARGUMENTS IN SUPPORT : According to the author's office,
this bill requires CDC to permit representatives of the
news media to interview prisoners in person, including
prearranged interviews with specified prisoners, unless the
interview poses a direct threat to the security of the
institution or the physical safety of a member of the
public. The CDC may establish reasonable time, place and
manner restrictions, including limiting the number of
interviews per prisoner. This was the law in California
for 20 years before the CDC adopted regulations in 1996
severely limiting media access.
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This bill is not intended to "glorify" criminals, but to
shed light on the abuses occurring behind prison walls. It
is about openness in government and a free press, the
cornerstone of a free society. Reporting from inside does
not "glorify" criminals, it simply serves as a check on
unlimited power and shines a light into a corner of our
society most would rather keep dark. For the 20 years that
reporters had access, there was no evidence that criminals
were glorified and the process worked well.
The American Civil Liberties Union states, in part, that,
this bill will ensure the ability of the press to provide
the public with the necessary information to reach
intelligent and informed opinions about the operations of
the correctional system.
It is crucial to maintain public accountability of the
prison system during a period of drastic growth and sharp
increase in the prison system's proportionate share of the
state budget. Because prisons are closed institutions, the
media's role in keeping the public informed about how its
tax dollars are spent is vital. This bill provides the
proper balance between the need for media access and the
need for prison security and autonomy.
RJG:mel 5/31/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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