BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1270|
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THIRD READING
Bill No: AB 1270
Author: Ammiano (D)
Amended: 1/4/12 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-2, 6/12/12
AYES: Hancock, Liu, Price, Steinberg
NOES: Anderson, Harman
NO VOTE RECORDED: Calderon
SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/16/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
ASSEMBLY FLOOR : 47-22, 1/26/12 - See last page for vote
SUBJECT : Media access to prisoners
SOURCE : California Coalition for Women Prisoners
Californians for a Responsible Budget
Center for Young Womens Development
Youth Justice Coalition
DIGEST : This bill (1) requires 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
encountered by a representative of the news media, as
defined, while covering a facility tour, activity, event,
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or program; (2) allows a representative of the news media
to use materials and equipment necessary to conduct the
interview, which shall be subject to search; (3) requires a
news media representative who desires to conduct a
prearranged interview at an institution to make the request
within a reasonable time period prior to the requested
interview, as specified; (4) requires CDCR staff to notify
an inmate of each interview request, and no interview shall
be permitted without the inmate's consent; (5) prohibits an
inmate from receiving compensation or anything of value for
interviews with the news media; (6) requires that the
warden or his/her designee, within 48 hours of receiving an
interview request, notify the news media representative
making the request whether the interview has been granted;
(7) requires that, after the warden or the warden's
designee grants a request for an interview, staff must, at
least two business days prior to the interview, notify any
victims of the inmate who have previously notified the
warden or CDCR that they wish to be contacted in the event
of an interview request that an interview has been granted;
(8) authorizes the warden or his/her designee to deny an
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 of the public and require that, within a
reasonable period of time, the representative of the news
media shall receive an explanation of the specific reasons
for a denial; (9) authorizes CDCR to establish reasonable
time, place, and manner restrictions for prison interviews,
as specified; (10) provides that no prisoner or parolee may
be retaliated against for participating in a visit by, or
communicating with, a representative of the news media; and
(11) provides that interviews shall not be subject to
auditory monitoring.
ANALYSIS : Existing law vests the Secretary of the CDCR
(Secretary) 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. (Penal Code (PEN) Sections
5054; 5058)
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Existing law requires a person sentenced to imprisonment in
a state prison may only be denied of civil rights
reasonably related to legitimate penological interests.
(PEN Section 2600)
Existing law 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. (PEN Section 2601)
Existing law prohibits a prisoner from participating in a
specific face-to-face interview with a media
representative. (California Code of Regulations (CCR),
Title 15, Section 3261.5(a)(2))
Existing law 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. (CCR, Title 15,
Section 3261.5(a)(1))
Existing law prohibits the use of cameras or recording
equipment without prior approval of the institution head or
designee. (CCR, Title 15, Section 3261.5(b))
This bill requires CDCR, upon reasonable notice, to 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.
This bill provides that during any interview with a
prisoner, a representative of the news media may use
materials and equipment necessary to conduct the interview,
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.
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This bill provides 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 institution's public
relations office.
This bill provides that CDCR staff shall notify an inmate
of each interview request, and no interview shall be
permitted without the inmate's consent.
This bill provides that an inmate may not receive
compensation or anything of value for interviews with the
news media.
This bill provides that the warden or the warden's
designated 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.
This bill provides that, after the warden or the warden's
designated public relations or custodial official grants a
request for an interview, staff shall, at least two
business days prior to the interview, notify any victims of
the inmate who have previously notified the warden or CDCR
that they wish to be contacted in the event of an interview
request that an interview has been granted.
This bill authorizes the warden or his/her designee to deny
an 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 of 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 CDCR
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 for the interview, and
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arrangements for pool interviews if the number of
journalists requesting to interview any one prisoner is
excessive.
This bill provides that no prisoner or parolee may have
his/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/her
wishes, or otherwise retaliated against, for participating
in a visit by, or communicating with, a representative of
the news media.
This bill provides that interviews shall not be subject to
auditory monitoring.
This bill 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 station or who, through press
passes issued by a governmental or police agency, or
through similar convincing means, can demonstrate that
he/she is a bona fide journalist engaged in the gathering
of information for distribution to the public.
Background
In 1971, the CDCR adopted a regulation prohibiting media
access to specifically named prisoners. This regulation
was upheld by the United States Supreme Court in Pell v.
Procunier (1974) 417 U.S. 817. The Court found that a
prison inmate retains those first amendment rights that are
not inconsistent with his/her status as a prisoner and with
the legitimate penological objectives of the corrections
system and the rights of the media under the First and
Fourteenth Amendments are not infringed since the media can
still visit prisons and talk to inmates at random.
In 1975, the Legislature enacted PEN Section 2620 (Chapter
1175, Statutes of 1975) which provided that during any
periods of confinement, state prisoners may only be
deprived of rights "as is necessary in order to provide for
the reasonable security of the institutions . . . and for
the reasonable protection of the public." When this
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section was enacted, the CDCR again allowed media access to
specifically named prison inmates.
In Turner v. Safly (1987) 482 U.S. 78, the test for
limiting inmates' rights was held to be whether the
restriction "is reasonably related to legitimate
penological interests." In 1994, PEN Section 2620 was
amended (Chapter 555, Statutes of 1994) to generally adopt
the Turner standard. As amended, PEN Section 2620 stated:
"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."
The adoption of the Turner standard in statute, as noted
above, prompted the CDCR in 1996 to issue emergency
regulations that deleted news media from the confidential
correspondence authority and deleted authority for
"specific person" media interviews along with the
procedures that had existed to facilitate such interviews
(and added language that "inmates may not participate in
specific-person face-to-face interviews").
Prior Legislation
SB 304 (Romero, 2008), vetoed
SB 1521 (Romero, 2007), vetoed
SB 239 (Romero, 2006), vetoed
SB 698 (Haynes, 2006), vetoed
SB 1164 (Romero, 2004), vetoed
AB 2101 (Migden, 2000), vetoed
SB 1440 (Migden, 2000), vetoed
SB 434 (Kopp, 1998), vetoed
Governor's Veto Message
This bill is identical to SB 304 (Romero, 2008), which was
vetoed by Governor Schwarzenegger. His veto message
stated:
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.
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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 comment period of the
regulation process which will take place over the next
two months.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, 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).
SUPPORT : (Verified 8/16/12)
California Coalition for Women Prisoners (co-source)
Californians for a Responsible Budget (co-source)
Center for Young Women's Development (co-source)
Youth Justice Coalition (co-source)
American Civil Liberties Union of California
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California Attorneys for Criminal Justice
California Broadcasters Association
California Catholic Conference
California Correctional Peace Officers Association
California Families to Abolish Solitary Confinement
California Farm Bureau
California Newspaper Publishers Association
California Public Defenders Association
CCNMA: Latino Journalists of California
Drug Policy Alliance
Ella Baker Center for Human Rights
Fair Chance Project
Friends Committee on Legislation of California
Instituto de Educat�on Popular del Sur de California
Legal Services for Prisoners with Children
Lifers' Education Fund
Media Alliance
National Radio Project/Making Contact
Pacific Foundation
Pacific Media Workers Guild
Progressive Christians Uniting
The Other Death Penalty Project
Transgender, Gender Variant, and Intersex Justice
OPPOSITION : (Verified 8/16/12)
Crime Victims Action Alliance
Sacramento County District Attorney
ARGUMENTS IN SUPPORT : The California Correctional Peace
Officers Association (CCPOA) states:
AB 1270 strikes an important balance between relatively
free media access to prisons and inmates, the security
needs of the prison system, and the rights of victims.
In 2007, CCPOA supported Senator Romero's SB 304 to
provide enhanced media access to the prison system. We
also supported and/or sponsored similar legislation in
2005 and 2006. We believe that all these measures
struck the appropriate balance mentioned above.
Unfortunately, these prior measures were vetoed by the
Governor.
CCPOA believes that improved media access to the prison
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system will result in a far greater public understanding
of the challenges faced by our members. We look forward
to working with the Legislature to craft a media access
bill that meets the needs of all of the parties.
ARGUMENTS IN OPPOSITION : Crime Victims Action Alliance
states:
Opening up media access to allow for pre-arranged
face-to-face interviews with inmates elevates criminals
to a celebrity status - allowing them to be interviewed
and "tell their side of the story". It re-victimizes
the victim and minimizes the inmate's criminal behavior
by allowing the inmate to glorify the events of their
criminal behavior. There is simply no need for this
enhanced access to the media for prisoners.
Other versions of this legislation have been presented
to the Governor over the years. Governor Wilson vetoed
similar legislation stating, "The purpose of
imprisonment is punishment and deterrence of crime.
Those that are housed in state prison should not be
treated as celebrities. Just as the legislature has
enacted a ban upon activities which would allow �a]
criminal to profit materially from his crime, so should
prison officials prevent media exposure that allows the
criminal to enjoy the notoriety at the expense of
others." In 2006, Governor Schwarzenegger also vetoed
similar legislation stating, "I do not believe violent
criminals should be able to traumatize their victims a
second time by having unfettered access to the media."
Governor Schwarzenegger did allow a more relaxed policy
to be developed for media access to inmates.
ASSEMBLY FLOOR : 47-22, 1/26/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Campos, Carter, Cedillo, Dickinson, Eng, Feuer,
Fletcher, Fong, Furutani, Gatto, Gordon, Hall, Hayashi,
Roger Hern�ndez, Hill, Hueso, Huffman, Knight, Lara,
Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan,
Perea, V. Manuel P�rez, Portantino, Skinner, Solorio,
Swanson, Wieckowski, Williams, Yamada, John A. P�rez
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NOES: Achadjian, Bill Berryhill, Chesbro, Cook, Donnelly,
Beth Gaines, Garrick, Grove, Harkey, Huber, Jeffries,
Jones, Logue, Mansoor, Miller, Morrell, Nielsen, Norby,
Silva, Torres, Valadao, Wagner
NO VOTE RECORDED: Charles Calderon, Conway, Davis,
Fuentes, Galgiani, Gorell, Hagman, Halderman, Nestande,
Olsen, Smyth
RJG:k 8/17/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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