BILL ANALYSIS
SENATE COMMITTEE ON Public Safety
Senator John Vasconcellos, Chair A
1999-2000 Regular Session B
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AB 2101 (Migden) 1
As Amended May 31, 2000
Hearing date: June 6, 2000
Penal Code
VT:mc
MEDIA ACCESS TO PRISONERS
HISTORY
Source: Author
Prior Legislation: AB 1440 (Migden) - Vetoed by Governor Davis
1999
SB 434 (Kopp) - Vetoed by Governor Wilson 1997
Support: ACLU; California Catholic Conference of Bishops; Torres
& Torres, Policy
Consultants; Mental Health Association of California;
Society of Professional
Journalists; California Newspaper Publishers' Association;
California Public
Defenders Association; California Broadcasters' Association
Opposition:Doris Tate Crime Victims' Bureau; Crime Victims
United of California
Assembly Floor Vote: Ayes 50 - Noes 21
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KEY ISSUE
SHOULD THE DEPARTMENT OF CORRECTIONS PERMIT REPRESENTATIVES OF
THE NEWS MEDIA TO INTERVIEW PRISON INMATES IN PERSON AS LONG AS
THAT ACCESS DOES NOT POSE AN IMMEDIATE AND DIRECT THREAT TO THE
SECURITY OF THE INSTITUTION OR TO A MEMBER OF THE PUBLIC, AS
SPECIFIED?
PURPOSE
The purpose of this bill is to permit representatives of the
media to interview prison inmates in person, as long as that
access does not pose a threat to the security of the institution
or to a member of the public, and it is done with the will of
the interviewee.
Existing law vests the Director of the Department of Corrections
with the supervision, management and control of the 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)
Existing law requires that any restriction of a prisoner's
rights during confinement be reasonably related to legitimate
penological interests. (Penal Code section 2600)
Existing law 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)
Existing Department of Corrections Regulations do the Following:
prohibits a prisoner from participating in a specific
face-to-face interview with a representative from the media.
(CDC Regulations, Title 15, section 3261.5(a)(2).)
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prohibits a representative of the media from using a camera or
recording equipment during an interview without the private
approval of the institution head or designee. (CDC
Regulations, Title 15, section 3261.5(b).)
permits representatives of the media to engage in interviews
with random prisoners. (CDC Regulations, Title 15, section
3261.5(a).)
permits representatives of the media to engage in interviews
with random prisoners encountered during tour of detention
facility. (CDC Regulations, Title 15, section 3261.5(a) (1).)
This bill invalidates 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.
Specifically, this bill does the following:
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
news media may use materials necessary to conduct the
interview, including recording devices and/or writing
materials.
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.
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.
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Prohibits interviews of a prisoner or parolee against his or
her will.
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.
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.
COMMENTS
1. Authors Background Information
The Author states:
"AB 2101 restores the right of the media to conduct
interviews with specific inmates, and allows inmates to
correspond with the media by establishing confidential
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outgoing mail between inmates and reporters.
AB 2101 restores the ability of the press to conduct
interviews with inmates, consistent with the CDC policy
that had worked well for the twenty years. Media access
provides the public with the necessary information to reach
intelligent and informed opinions and views about the
operations 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 pubic informed about how its tax dollars are
spent is vital.
AB 2101 provides the proper balance between the need for
media access and the need for prison security and autonomy.
AB 1440, which Assemblywoman Migden authored in 1999,
attempted to do this, but was vetoed. The author is
hopeful that the Governor may reconsider this issue. The
author looks forward to working with the Governor on this
bill."
2. Technical Amendments
The author provided one technical amendment of the bill to
ensure that the legislation would be addressing the correct
code, Title 15, not Title 14 of the California Code of
Regulations. That technical amendment is in the current version
of this bill.
3. 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
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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
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.
4. 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
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mailing. (15 CCR section 3142)
Outgoing confidential mail may be inspected, with or without
opening the mail, for cause only. (15 CCR section 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.
5. 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.
This bill allows representatives of the media to use writing
materials and audio and video recording devices when conducting
an interview with a prisoner.
6. 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."
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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
section 3141 (c)(6).)
7. 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."
8. Arguments Against AB 2101
The Doris Tate Crime Victims' Bureau states:
"The media already has access to California's Prisons.
Face-to-face on camera interviews will elevate some violent
offenders to celebrity status which glamorizes crime and hurts
the victims and survivors who must deal with
misrepresentations in the media."
9. 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, the Governor
asserted that denying media access to prisoners would improve
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the chances that a prisoner would be remorseful for his or her
crime.
10. Related Legislation
AB 1440 (Migden) was identical to this bill and was vetoed by
the Governor. In his veto message, 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."
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