BILL ANALYSIS
AB 1440
Page 1
ASSEMBLY THIRD READING
AB 1440 (Migden)
As Amended May 6, 1999
Majority vote
PUBLIC SAFETY 8-0 APPROPRIATIONS 20-0
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|Ayes:|Honda, Cunneen, Battin, |Ayes:|Migden, Brewer, Aanestad, |
| |Cedillo, Keeley, Oller, | |Campbell, Cedillo, Davis, |
| |Romero, Washington | |Hertzberg, Kuehl, |
| | | |Maldonado, Papan, Romero, |
| | | |Runner, Shelley, Corbett, |
| | | |Thomson, Wesson, Wiggins, |
| | | |Lempert, Zettel, Vincent |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Repeals regulations issued by the Department of
Corrections (DOC) restricting media access to prisoners.
Specifically, this bill :
1)Restores the authority of a prisoner to mail outgoing
confidential materials to a media representative without
inspection by DOC.
2)Restores the authority of a media representative to request
and conduct one-on-one interviews with specific prisoners.
3)Restores the authority of a media representative to utilize
recording devices and/or writing instruments during interviews
of prisoners without the prior approval of DOC.
4)Prohibits an interview of a prisoner against his or her will.
5)Permits DOC to place reasonable time, place, and manner
restrictions on an interview of a prisoner.
6)Prohibits an interview with a prisoner if 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.
7)Allows DOC to fix the number of interviews per prisoner.
8)Allows DOC to arrange pool interviews if the requests for an
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interview with a prisoner are excessive.
9)States the Legislature finds and declares that:
a) Free exchange of information from behind prison walls
benefits the public and fosters a safe and efficient prison
system;
b) DOC has historically permitted media access to state
prisoners without endangering the safety of the prisons or
the public;
c) 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; and,
d) There is no legitimate reason for a blanket ban on media
interviews with prisoners.
EXISTING LAW :
1)Vests the Director of DOC with the supervision, management and
control of state prisons and is responsible for the care,
custody, treatment, training, discipline and employment of a
person confined in those prisons. The Director may prescribe
rules and regulations for the administration of the prisons.
2)Allows a prisoner to correspond confidentially with a public
official or an attorney provided that the prison authorities
may open and inspect mail to search for contraband.
3)Prohibits a prisoner from participating in a specific
face-to-face interview with a media representative.
4)Prohibits a media representative from using a camera or
recording equipment during an interview without the prior
approval of the institution head or designee.
FISCAL EFFECT : According to:
1)The Assembly Appropriations Committee analysis, absorbable
costs, if any.
2)DOC, less than 200 interview requests are received each year,
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about five per prison.
COMMENTS :
1)According to the author, "Effective and safe prison operations
are not threatened by media access. In fact, safe and
effective correctional policy is enhanced by accurate
information and an informed public. There is no legitimate
reason for a blanket ban on media interviews with prisoners.
"For more than 20 years, CDC allowed routine media interviews,
which included random or specific interviews. Such interviews
were conducted under conditions as set by wardens and could
include time, place and duration restrictions as well as
limits on the size of technical crews. In 1996, the CDC
adopted regulations to delete the authority for news media to
conduct specified prisoner interviews, including prearranged
specified prisoner interviews. CDC added specific regulatory
language that 'prisoners may not participate in
specific-person, face-to-face interviews.'"
2)Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Ignacio Hernandez / PUB. S. / (916)
319-3744
FN: 0000543