BILL ANALYSIS �
AB 1270
Page 1
ASSEMBLY THIRD READING
AB 1270 (Ammiano)
As Amended January 4, 2012
Majority vote
PUBLIC SAFETY 5-0 APPROPRIATIONS 11-5
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Blumenfield, |
| |Mitchell, Skinner | |Bradford, Charles |
| | | |Calderon, Campos, Gatto, |
| | | |Hall, Hill, Ammiano, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
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SUMMARY : Requires the California Department of Corrections and
Rehabilitation (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
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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
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.
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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.
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.
2)Requires a person sentenced to imprisonment in a state prison
may only be denied of civil rights reasonably related to
legitimate penological interests.
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.
4)Prohibits a prisoner from participating in a specific
face-to-face interview with a media representative.
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.
6)Prohibits use of cameras or recording equipment without prior
approval of the institution head or designee.
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FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, likely minor administrative costs to CDCR to
process media access requests.
While CDCR has acknowledged for years that only about 200
interview requests are received each year, and that the cost to
authorize pre-arranged face-to-face interviews would likely be
absorbable, the department has recently voiced concerns that
authorizing face-to-face interviews could increase requests from
media outlets. If the request volume did increase
significantly, and, for example, the annual workload for public
informational officers at state prisons increased by about 10%,
and the equivalent of about three positions was necessary, costs
could increase by about $300,000, assuming the workload is not
absorbable.
CDCR also contends that should the department use the interview
time, place and manner restrictions provided in the bill, and/or
simply deny the request due to public safety concerns, media
entities are likely to litigate, creating additional cost
pressure for the state.
COMMENTS : According to the author, "This bill enables media
representatives to request specific in-person inmate interviews
and requires CDCR to respond to requests 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
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319-3744
FN: 0003044