BILL ANALYSIS
AB 2101
Page 1
ASSEMBLY THIRD READING
AB 2101 (Migden)
As Introduced February 22, 2000
Majority vote
PUBLIC SAFETY 7-1 APPROPRIATIONS 19-2
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|Ayes:|Washington, Battin, |Ayes:|Migden, Ackerman, Alquist, |
| |Cedillo, Firebaugh, Keeley, | |Aroner, Brewer, Cedillo, |
| |Oller, Romero | |Corbett, Davis, Kuehl, |
| | | |Maldonado, Papan, Romero, |
| | | |Runner, Shelley, Thomson, |
| | | |Wesson, Wiggins, Wright, |
| | | |Zettel |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Maddox |Nays:|Campbell, Ashburn |
| | | | |
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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.
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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.
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 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.
2)Requires that any restriction of a prisoner's rights during
confinement be reasonably related to legitimate penological
interests.
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.
4)Prohibits a prisoner from participating in a specific
face-to-face interview with a media representative.
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.
6)Permits media representatives to engage in interviews with
random prisoners.
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7)Permits media representatives to engage in interviews with
random prisoners encountered during tour of detention facility.
FISCAL EFFECT : According to the Assembly Appropriations Committee
analysis, absorbable costs, if any, to CDC. According to CDC,
less than 200 interview requests, about five per prison, are
received each year,.
COMMENTS : 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."
Please see the policy committee analysis for a more comprehensive
discussion of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0004472