BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 1440
                                                          Page  1

Date of Hearing:   April 28, 1999

              ASSEMBLY COMMITTEE ON APPROPRIATIONS 
                    Carole Migden, Chairwoman

          AB 1440 (Migden) - As Amended: April 8, 1999 

Policy Committee:                              Public  
SafetyVote:  8-0

Urgency:     No                   State Mandated Local  
Program:NoReimbursable:            

  SUMMARY  :

This bill repeals 1996 regulations issued by the Department of  
Corrections (CDC) restricting media access to prisoners.  
Specifically, this bill:

1)Allows a media representative to conduct one-on-one interviews  
  with specific inmates and to use recording devices and writing  
  instruments during these interviews. 

2)Authorizes the CDC to place reasonable time, place, and manner  
  restrictions on inmate interviews, prohibits interviews that  
  would pose an immediate and direct threat to the security of  
  the institution or the public, and prohibits an interview of a  
  prisoner against his or her will. 

3)Allows an inmate to mail confidential materials to a media  
  representative without inspection by the CDC.

  FISCAL EFFECT
  
Absorbable costs, if any.  

According to the CDC, less than 200 interview requests are  
received each year, about five per prison.

  COMMENT
   
1)Rationale  . According to the author: "Effective and safe prison  
  operations are a result of accurate information and an  
  informed electorate.  Both are frustrated by the heavy-handed  
  restrictions by the Department of Corrections on news  








                                                          AB 1440
                                                          Page  2

  reporting. There is no legitimate reason for a blanket ban on  
  media interviews with inmates. Moreover, the department has  
  documented no abuses of the long-standing system whereby media  
  representatives were accommodated."

  2)Historically  , for more than 20 years, the CDC has allowed the  
  media to conduct inmate interviews. Interviews were conducted  
  under conditions set by the institution. Interviews with  
  specified prisoners were permitted with prior approval and  
  were limited to no more than one interview in a 90-day period  
  for inmates in administrative segregation with a media "pool"  
  option for such inmates.

In 1996, the CDC adopted emergency regulations deleting the  
  authority for media to conduct specified prisoner interviews,  
  including prearranged interviews.  The CDC added specific  
  regulatory language that "inmates may not participate in  
  specific-person, face-to-face interviews." The CDC contends  
  the new policy "deters activities that would glamorize  
  criminals at the expense of their victims and the general  
  public..."

  3)Prior legislation  , SB 434 (Kopp, 1998) was vetoed by Gov.  
  Wilson, who wrote, "Interviews with prisoners about their  
  crimes tend to glamorize criminal activity and criminals at  
  the cost of pain to crime victims?. This notoriety also  
  enables the thug to gain stature within the prison community  
  that often encourages negative behavior by other inmates,  
  thereby threatening the safety and order of the institution." 


  Analysis Prepared by  :    Geoff Long / APPR. / (916)319-2081