BILL ANALYSIS
AB 1440
Page 1
REPLACE
GOVERNOR'S VETO
AB 1440 (Migden)
As Amended May 6, 1999
2/3 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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ASSEMBLY: 69-7 (May 13, 1999)
SENATE:28-7(August 23, 1999)
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
AB 1440
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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
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.
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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 the Assembly Appropriations
Committee analysis, absorbable costs, if any. According to DOC,
less than 200 interview requests are received each year, about
five per prison.
COMMENTS : 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.'"
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
GOVERNOR'S VETO MESSAGE :
Under present law, journalists have ample
opportunities to inverview convicts: 1) during
regular visiting hours on the same basis as family
and friends; 2) by accepting collect phone calls from
the prisoner; 3) by written correspondence; and 4) by
unlimited access to the prisoner's lawyer.
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This bill would give journalists preferential
treatment by giving them greater access than even
members of the prisoner's own family. Furthermore,
according to correctional authorities, its
implementation would disrupt the orderly
administration of prisons.
Moreover, this bill is inconsistent with the national
trend to reduce, not expand, rights of prisoners
(e.g., prohibiting them from profiting from their
crimes by selling 'stories' via book, television, or
movie rights).
The purpose of incarceration is 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.
Analysis Prepared by : Harry M. Dorfman / PUB. S. / (916)
319-3744
FN: 0003456