BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 1270 (Ammiano) - Prisons: media access.
Amended: January 4, 2012 Policy Vote: Public Safety 4-2
Urgency: No Mandate: No
Hearing Date: August 16, 2012
Consultant: Jolie Onodera
SUSPENSE FILE.
Bill Summary: AB 1270 would require the Department of
Corrections and Rehabilitation (CDCR), upon reasonable notice,
to permit representatives of the news media to interview
prisoners in person, including prearranged interviews with
specified prisoners and individuals, unless the warden
determines the interview would pose an immediate and direct
threat to public safety or the security of the institution.
Fiscal Impact: Ongoing potentially significant increased
workload to the CDCR to accommodate increased requests for
prearranged interviews with inmates. Increased annual costs
would be dependent on the number of interview requests processed
and granted. To the extent the number of interview requests
increases dramatically, costs for overtime and/or additional
staffing cold be required to respond to these requests,
resulting in ongoing increased costs potentially in excess of
$150,000 (General Fund).
Background: Current CDCR regulations prohibit inmates from
participating in prearranged, specific person face-to-face
interviews except as provided under inmate visiting rules
(California Code of Regulations, Title 15, Section
3261.5(f)(2)). Current regulations regarding visiting an inmate
require written notification to the inmate and approval to be
placed on the inmate's visiting list. As an approved visitor, a
news media representative is allowed to meet with a specific
inmate during normal visiting hours and bring writing materials
but is, prohibited from bringing electronic recording devices
and cameras.
The CDCR allowed inmate interviews in 1975 upon enactment of
Penal Code (PC) section 2620, which provided that state
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prisoners may only be deprived of rights "as is necessary in
order to provide for the reasonable security of the public."
However, in 1994, the PC was amended to state, "A person
sentenced to imprisonment in the state prison may during a
period of confinement be deprived of such rights and only such
rights as is related to legitimate penological interests."
Subsequently, the CDCR issued emergency regulations in 1996 that
deleted authority for "specific person" media interviews along
with the procedures used to facilitate such interviews.
Proposed Law: This bill would require the CDCR to permit
representatives of the news media, as defined, to interview
prisoners in person, including prearranged interviews with
specified prisoners and individuals encountered while covering a
facility tour, activity, event, or program. Specifically, this
bill:
Allows representatives of the news media to use materials and
equipment necessary to conduct the interview, including pens,
pencils, papers, and audio and video recording devices. All
items shall be subject to search.
Requires requests for prearranged interviews to be made in
writing to the warden or through contact with the
institution's public relations office within a reasonable time
period prior to the requested interview.
Requires CDCR staff to notify inmates of each interview
request, and specifies that no interview shall be permitted
without the inmate's consent.
Provides that inmates may not receive compensation or anything
of value for interviews with the news media.
Requires the warden or warden's designated public relations or
custodial official, within 48 hours of receiving an interview
request, to notify the news media representative making the
request whether the interview has been granted.
After an interview request has been granted, requires CDCR
staff, at least two business days prior to the interview, to
notify any victims of the inmate who have previously notified
the CDCR that they wish to be contacted in the event of a
granted interview request.
Provides the warden or his or her designee may deny an
interview with a particular prisoner if it is determined that
the interview would pose an immediate and direct threat to
public safety or the security of the institution.
If an interview request is denied, requires the news media
representative to receive an explanation of the specific
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reasons for the denial within a reasonable period of time.
Authorizes CDCR to 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 for
interviews, and arrangements for pool interviews if the number
of journalists requesting interviews with any one prisoner is
excessive.
Provides 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 prison against his or her wishes, or otherwise
retaliated against, for participating in a visit by, or
communicating with, a representative of the news media.
Specifies that interviews shall not be subject to auditory
monitoring.
Prior Legislation: SB 304 (Romero) 2007 was identical to this
measure and was vetoed by Governor Schwarzenegger with the
following message:
For the past two years I have vetoed similar measures because
these bills would allow the media to glamorize murderers and
thereby once again traumatize crime victims and their families.
This year I directed the California Department of Corrections
and Rehabilitation to address the media access issues by
adopting new regulations. Through this process my administration
met with stakeholders from both crime victims groups and groups
supporting media access to address concerns on both sides. These
regulations are pending approval and public comment at the
Office of Administrative Law.
While the regulations do not go as far as the provisions in this
bill, I believe the regulations provide more clear and
appropriate access to our prisons and preserve the balance with
crime victims and their families. I believe these regulations
should be given a chance to work.
To the extent that stakeholders believe more media access can be
provided while respecting the concerns of crime victims and
their families, I encourage them to participate in the public
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comment period of the regulation process which will take place
over the next two months.
SB 1521 (Romero) 2006 was identical to this measure and would
have allowed representatives of the news media to conduct
pre-arranged interviews with specified prisoners. This bill was
vetoed.
SB 239 (Romero) 2005 was virtually identical to this measure and
would have allowed representatives of the news media to conduct
pre-arranged interviews with specified prisoners. This bill was
vetoed.
AB 698 (Haynes) 2005 was virtually identical to this measure and
would have allowed representatives of the news media to conduct
pre-arranged interviews with specified prisoners. This bill was
vetoed.
SB 1164 (Romero) 2004 would have allowed representatives of the
news media to conduct prearranged interviews with specified
prisoners incarcerated in the CDCR. This bill was vetoed.
AB 2101 (Migden) 2000 would have repealed regulations issued by
the CDCR restricting media access to prisoners. This bill was
vetoed by Governor Davis, who stated in part: According to
correctional authorities, its implementation would disrupt the
orderly administration of prisons and interfere with the ability
of inmate families to visit their loved ones. The purposes of
incarceration are punishment and deterrence; it is not to
provide additional celebrity to convicts, many of whose criminal
acts were brutal and violent, thereby causing further pain to
the victims and their loved ones.
AB 1440 (Migden) 1999 was similar to AB 2101 (Migden) 2000 and
was vetoed.
SB 434 (Kopp) 1998 was similar to AB 1440 and was vetoed by
Governor Wilson, who stated in part: The purpose of imprisonment
is punishment and deterrence of crime. Those that are housed in
state prison should not be treated as celebrities. Interviews
with prisoners about their crimes tend to glamorize criminal
activity and criminals at the cost of pain to crime victims.
Such attention is a disincentive to inmates to focus upon the
remorse that is essential while in prison to prepare for any
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eventual release to society. The First Amendment does not
guarantee the press a constitutional right of special access to
information not available to the general public, nor does it
cloak the inmate with special rights of freedom of speech. The
regulations currently in force are properly balanced to achieve
legitimate objectives.
Staff Comments: This bill could result in a significant impact
on CDCR workload to field an increased number of face-to-face
interview requests with inmates.
In 2011, the number of media calls doubled from the previous
year to a total of approximately 2,400 calls. Although media
requests for interviews with inmates historically represent only
about 200 of these calls, it is anticipated that should the
provisions of this bill be enacted, the number of media requests
for prearranged face-to-face interviews could increase
significantly.
Although it is unknown how many requests for inmate interviews
would be made once the current regulations prohibiting
prearranged face-to-face interviews are lifted, CDCR will incur
additional workload to process the requests, respond to the
media, notify the specified inmate and victims, process gate
clearances, search and clear interview materials and recording
equipment, conduct the interviews, and provide for security and
escort services. To the extent there is a substantial increase
in interviews requested and granted, the additional workload may
not be absorbable, resulting in increased costs for overtime
and/or additional staffing to respond to these requests,
resulting in ongoing increased costs potentially in excess of
$150,000 (General Fund).
Current CDCR regulations permit security and escort costs to
potentially be offset. Code of Regulations Title 15, Section
3261.5(h) states that the news media "may be required to pay the
security or escort costs provided for the interview," however,
the interview is not granted based on the ability of the
interviewer to reimburse such costs. To the extent a portion of
security and escort costs are charged to and reimbursed by
interviewers, total costs to the CDCR could be offset in part.
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