BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2101|
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THIRD READING
Bill No: AB 2101
Author: Migden (D)
Amended: 5/31/00 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/6/00
AYES: Vasconcellos, Burton, Johnston, McPherson, Polanco
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 50-21, 5/11/00 - See last page for vote
SUBJECT : Media access to prisoners
SOURCE : Author
DIGEST : This bill would allow 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.
ANALYSIS : 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.
Existing law requires that any restriction of a prisoner's
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rights during confinement be reasonably related to
legitimate penological interests.
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.
Existing Department of Corrections regulations do the
following:
1.Prohibits a prisoner from participating in a specific
face-to-face interview with a representative from the
media.
2.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.
3.Permits representatives of the media to engage in
interviews with random prisoners.
4.Permits representatives of the media to engage in
interviews with random prisoners encountered during tour
of detention facility.
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:
1.Provides that California Department of Corrections (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.
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
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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.
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.
D. There is no legitimate reason for a blanket ban on
media interviews with prisoners.
1996 Emergency Regulations
For over 20 years, the CDC allowed routine media interviews
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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.
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.
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."
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:
1.The envelope must be sealed by the inmate before it is
turned over to a staff member for mailing.
2.The envelope must be sealed by the inmate in the presence
of the designated staff member before it is accepted for
mailing.
Outgoing confidential mail may be inspected, with or
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without opening the mail, for cause only. 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.
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.
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."
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
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prevent prisoners from gaining notoriety. In addition, the
Governor asserted that denying media access to prisoners
would improve the chances that a prisoner would be
remorseful for his or her crime.
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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/21/00)
ACLU
California Catholic Conference of Bishops
Torres and Torres, Policy Consultants
Mental Health Association of California
Society of Professional Journalists
California Newspaper Publishers' Association
California Public Defenders Association
California Broadcasters' Association
OPPOSITION : (Verified 6/21/00)
Doris Tate Crime Victims' Bureau
Crime Victims United of California
ARGUMENTS IN SUPPORT : 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 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
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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."
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."
ARGUMENTS IN OPPOSITION : 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."
ASSEMBLY FLOOR :
AYES: Aanestad, Ackerman, Alquist, Aroner, Battin, Bock,
Brewer, Cardenas, Cedillo, Corbett, Correa, Cunneen,
Davis, Ducheny, Dutra, Firebaugh, Floyd, Gallegos, Honda,
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Jackson, Keeley, Knox, Kuehl, Longville, Lowenthal,
Machado, Maldonado, Mazzoni, McClintock, Migden, Oller,
Robert Pacheco, Papan, Romero, Runner, Scott, Shelley,
Steinberg, Strom-Martin, Thomson, Torlakson,
Villaraigosa, Vincent, Washington, Wayne, Wesson,
Wiggins, Wildman, Zettel, Hertzberg
NOES: Ashburn, Baldwin, Bates, Briggs, Campbell, Cardoza,
Cox, Dickerson, Granlund, Havice, Kaloogian, Leach,
Leonard, Maddox, Nakano, Olberg, Rod Pacheco, Pescetti,
Reyes, Strickland, Thompson
RJG:sl 6/21/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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