BILL NUMBER: AB 1440	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   MAY 6, 1999
	AMENDED IN ASSEMBLY   APRIL 8, 1999

INTRODUCED BY   Assembly Member Migden
   (Principal coauthor:  Senator Hayden)
   (Coauthor:  Assembly Members  Honda  
Cedillo, Honda,  and McClintock)
   (Coauthors:  Senators Burton, Haynes, Polanco, and Vasconcellos)

                        FEBRUARY 26, 1999

   An act to add Sections 2602 and 2603 to the Penal Code, relating
to prisoners.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1440, as amended, Migden.  Media access to prisoners.
   Existing law provides that a person sentenced to imprisonment in
the state prison has the right to correspond confidentially with any
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.
   The bill would require the Department of Corrections, upon
reasonable notice, to permit representatives of the news media to
interview prisoners in person or randomly, as specified, and would
prohibit the interview of a prisoner or parolee against his or her
will.  The bill would require the department to permit the news media
to receive confidential correspondence from a prisoner, except as
specified.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature in enacting this
act to invalidate changes in Section 3261.5 of Title  14
  15  of the California Code of Regulations for
which a certificate of compliance was filed on April 14, 1997.
  SEC. 2.  Section 2602 is added to the Penal Code, to read:
   2602.  (a) The Legislature finds and declares all of the
following:
   (1) Free exchange of information from behind prison walls benefits
the public and fosters a safe and efficient prison system.
   (2) The Department of Corrections has historically permitted media
access to state prisoners without endangering the safety of the
prisons or the public.
   (3) Members of the news media should be permitted to interview
state prisoners unless that access would pose an immediate and direct
threat to the security of the institution or the safety of members
of the public.
   (4) There is no legitimate reason for a blanket ban on media
interviews with specified prisoners.
   (b) 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.  A
personal interview of a particular prisoner is prohibited if the
department determines 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.  The department may establish
reasonable time, place, and manner restrictions for prison
interviews, including limitations on the number of interviews per
prisoner, and requiring arrangements for pool interviews if requests
to interview any one prisoner are excessive, in order to ensure the
security of the institution, the physical safety of the public, and
the efficient administration of news media interviews.
   (1) The department shall permit random interviews of individuals
encountered by a representative of the news media while covering a
facility tour, activity, event, or program.
   (2) 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.
   (3) The department shall permit the news media to receive
confidential correspondence from 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.
   (4) No prisoner or parolee shall be interviewed against his or her
will.
  SEC. 3.  Section 2603 is added to the Penal Code, to read:
   2603.  For purposes of this article, "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.