BILL ANALYSIS
AB 2101
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Date of Hearing: April 4, 2000
Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Carl Washington, Chair
AB 2101 (Migden) - As Introduced: February 22, 2000
SUMMARY : Repeals California Department of Corrections (CDC)
regulations, which prohibit media access to prisoners except on
a random basis. Specifically, this bill :
1)Provides that CDC, upon reasonable notice, shall permit
representatives of the news media to interview prisoners in
person, including prearranged interviews with specified
prisoners; and during any interview, a representative of the
media may use materials necessary to conduct the interview,
including recording devices and/or writing materials.
2)Requires CDC to 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.
3)Allows CDC to impose reasonable time, place, and manner
restrictions for prison interviews, including limitations on
the number of interviews, and requiring pool interviews if
requests to interview 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.
4)Prohibits interviews of a prisoner or parolee against his or
her will.
5)Defines "representative of the news media" to mean 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.
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6)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)The CDC 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 the CDC 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.
(Penal Code Sections 5054 and 5058.)
2)Requires that any restriction of a prisoner's rights during
confinement be reasonably related to legitimate penological
interests. (Penal Code Section 2600.)
3)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. (Penal
Code Section 2601.)
4)Prohibits a prisoner from participating in a specific
face-to-face interview with a media representative. (CDC
Regulations, Title 15, Section 3261.5 (a)(2).)
5)Prohibits a media representative from using a camera or
recording equipment during an interview without the prior
approval of the institution head or designee. (CDC
Regulations, Title 15, Section 3261.5 (b).)
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6)Permits media representatives to engage in interviews with
random prisoners. (CDC Regulations, Title 15, Section 3261.5
(a).)
7)Permits media representatives to engage in interviews with
random prisoners encountered during tour of detention
facility. (CDC Regulations, Title 15, Section 3261.5(a)(1).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement . According to the author, "AB 2101
restores the ability of the press to conduct interviews with
inmates, consistent with the policy that had worked well for
20 years. Media access provides the public with the necessary
information to reach intelligent and informed opinions and
views about the operation of the correctional system.
"It is crucial to maintain public accountability of the prison
system during a period of drastic change and growth, including
overcrowding and the sharp increase in the prison system's
proportionate share of the state budget. Because prisons are
closed institutions, the media's role in keeping the public
informed about how it's tax dollars are spent is vital.
"AB 2101 provides the proper balance between the need for media
access and the need for prison security. AB 1440 attempted to
do this in 1999, and was vetoed by the Governor, but I am
hopeful the Governor will reconsider the issue, and I am
looking forward to working with him on this bill."
2)1996 Emergency Regulations . For over 20 years, the CDC
allowed routine media interviews which included random or
specific person interviews. Such interviews were to be
conducted under conditions set by the institution head
(wardens) and could include time, place and duration limits as
well as limits on the size of technical crews. Interviews
with specified prisoners were permitted with prior approval,
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. (15 CCR Section 3261.5.)
The CDC promulgated emergency regulations in 1996 to delete
the regulatory authority for news media to conduct specified
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prisoner interviews, including any pre-arranged specified
prisoner interviews. The CDC added specific regulatory
language that "inmates may not participate in specific-person
face-to-face interviews".
The CDC indicates that media may visit inmates, as would any
person who seeks such visits. Visits are to be arranged by
the media person and the inmate; the CDC indicates that, as
with any day visits, neither writing materials nor recording
devices are allowed.
3)Confidential Correspondence . For a number of years, until
1996, CDC regulations allowed specified persons to communicate
confidentially with specified persons, including "A
representative of the public news media defined as a full time
reporter for a daily newspaper, daily radio or television
programs, and recognized general coverage news magazines."
(CCR Section 3141 (c) (6).)
The general regulations pertaining to confidential
communications applied to news media communications. All
outgoing confidential mail was, and still is, subject to
specified procedures, including either that:
a)The envelope must be sealed by the inmate before it is
turned over to a staff member for mailing; or,
b)The envelope must be sealed by the inmate in the presence
of the designated staff member before it is accepted for
mailing. (15 CCR 3142.)
Outgoing confidential mail may be inspected, with or without
opening the mail, for cause only (15 CCR 3144). CDC
promulgated emergency regulations in 1996 to delete the news
media from the regulatory provisions pertaining to
confidential communications; those regulations remain in
effect today. This bill will allow news media to receive
confidential correspondence from an inmate unless to do so
would pose a threat to the security of the institution.
4)Recording Devices . Under present CDC regulations, a member of
the media may interview an inmate during regular visiting
hours; however, in order to so, the media person would have to
be on the inmate's visiting list. CDC regulations prohibit
writing materials and recording devices at these interviews.
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This bill allows representatives of the media to use writing
materials and audio and video recording devices when
conducting an interview with a prisoner.
5)Definition of "Representative of the News Media". This bill
contains a new definition of "representative of the news
media" which will apply for both confidential communications
and access to interviews with inmates. That definition is, "
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".
The CDC had used a narrower definition in its regulations, "a
representative of the public news media defined as a full time
reporter for a daily newspaper, daily radio or television
program, and recognized general coverage news magazines."
(CCR 3141 (c) (6).)
6)Arguments in Support . California Newspaper Publishers
Association argues, "Access to prison inmates is essential for
journalists so that they may properly investigate the many
newsworthy events that take place in California's prisons.
For over 20 years, the CDC allowed journalists to conduct
face-to-face interviews and to investigate leads inside prison
walls. The publication of the resulting stories helped
initiate important policy changes that led to more efficient
administration of the prison system. These stories also
strengthened the public's faith in the correctional system and
provided accountability for one of California's largest and
most expensive public institutions."
7)Prior Legislation . SB 434 (Kopp), of the 1997-98 Legislative
Session, was similar to this bill and was vetoed by the
Governor. In his veto message, Governor Wilson stated that he
wanted to prevent prisoners from gaining notoriety. In
addition, Wilson asserted that denying media access to
prisoners would improve the chances that a prisoner would be
remorseful for his or her crime.
8)Related Legislation . AB 1440 (Migden) was identical to this
bill and was vetoed by the Governor. In his veto message,
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Governor Davis stated, "This bill would give journalists
preferential treatment by giving them greater access than the
even members of the prisoner's own family. Furthermore,
according to correctional authorities, its implementation
would disrupt the orderly administration of prisons."
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union
California Newspaper Publishers Association
California Public Defenders Association
Opposition
None on file
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744