BILL NUMBER: AB 2101	AMENDED
	BILL TEXT

	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   MAY 31, 2000

INTRODUCED BY   Assembly Member Migden

                        FEBRUARY 22, 2000

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2101, 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, subject to
inspection by prison authorities to search incoming mail for
contraband.
   The bill would require the Department of Corrections  ,
upon reasonable notice,  to permit representatives of the
news media to interview  or visit  prisoners in person or
randomly, as specified,  and   subject to
reasonable time, place, and manner restrictions established by the
department to ensure security and accommodate efficiency of the
interview.  It would allow a department official or a warden
discretion to adopt policies providing for prearranged visitation
rights or greater access for representatives of the news media.  This
bill  would  also  prohibit the interview of a
prisoner or parolee against his or her will  .  The bill
  and  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 15 of the
California Code of Regulations for which a certificate of compliance
was filed on April 14, 1997  , to the extent it is inconsistent
with Sections 2602 and 2603 of the Penal Code  .
  SEC. 2.  Section 2602 is added to the Penal Code, to read:

   2602.  (a) The Legislature finds and declares all of the 

   2602.  (a) The Department of Corrections shall permit
representatives of the news media to visit prisoners in person during
a prisoner's regular visitation hours, subject to the normal friends'
and relatives' visiting approval process except as provided in this
section.  Once approved for visits at any institution, a
representative of the news media shall be allowed during a one-year,
renewable period to visit any prisoner at that institution who is
entitled to visitation and is willing to receive visits from a
representative of the news media.  The department may establish
reasonable time, place, and manner restrictions to ensure the
security of the institution and to accommodate the efficient
administration of a news media interview during a regularly scheduled
visiting period.  Nothing in this section shall prohibit an official
of the department or a warden of a particular institution in his or
her discretion from adopting a policy providing for prearranged
visitation rights or greater access policies for representatives of
the news media.
   (b) (1) The department shall permit random interviews of
individuals encountered by a representative of the news media while
covering a facility tour, activity, program, or event.
   (2) During any random interview or visit 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, cameras, 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 physical safety of the public.
   (4) No prisoner or parolee shall be interviewed or receive a visit
from a representative of the news media against his or her will.
   (5) No prisoner or parolee may have his or 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, or transferred to another prison
against his or her wishes, for participating in a visit by a
representative of the news media.   following:
   (1) Free exchange of information from behind prison walls benefits
the public and fosters a safe and efficient prison system.
   (2) The State of California 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, or event.
   (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, or radio or television program, 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.