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: 8/18/00 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.
Senate Floor Amendments of 8/18/00 delete the findings and
declarations originally stated in the bill. In addition,
they narrow the bill in the following ways:
1. Representatives of the news media will not be able to
use any kind of recording devices and/or writing
materials in interviews with specified prisoners. Those
devices will only be allowed for random interviews and
visits.
CONTINUED
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2. Officials of the department and wardens of the
correctional facilities will not be prohibited from
using their discretion when adopting policies providing
for prearranged visitation rights or greater access for
representatives of the media.
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
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
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certificate of compliance was filed on April 14, 1997.
Specifically, this bill does the following:
1.Requires the Department of Corrections to 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.
2.Requires that once approved for visits at any
institution, a representative of the news media would 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.
3.Provides that 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
bill may 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.
4.Requires the department to permit random interviews of
individuals encountered by a representative of the news
media while covering a facility tour, activity, program,
or event. 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.
5.Requires the department 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 physical safety
of the public.
6.Provides that no prisoner or parolee may be interviewed
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or receive a visit from a representative of the news
media against his or her will.
7.Provides that 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.
8.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.
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.
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.
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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
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"
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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
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 8/18/00)
ACLU
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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 8/18/00)
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
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
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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,
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 8/21/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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