BILL ANALYSIS
AB 2101
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CONCURRENCE IN SENATE AMENDMENTS
AB 2101 (Migden)
As Amended August 18, 2000
Majority vote
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|ASSEMBLY: |50-21|(May 11, 2000) |SENATE: |25-4 |(August 23, |
| | | | | |2000) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires the California Department of Corrections (CDC)
to allow representatives of the news media to visit prisoners
during the prisoner's regular visitation hours.
The Senate amendments:
1)Require CDC to allow representatives of the news media to visit
prisoners during the prisoner's regular visitation hours,
subject to the normal visitation approval process.
2)Provide that once approved for visits at any institution, a
representative of the news media shall be allowed during a
one-year renewable period to visit any prisoner at the
institution that is entitled to visitation and is willing to
receive visits from a representative of the news media.
3)Allow CDC to adopt reasonable time, place, and manner
restrictions on any news media visit in order to ensure the
security of the institution.
4)State that nothing in this section shall be construed as to
prohibit a CDC official from adopting a policy of prearranged
visitation rights or greater news media access.
5)Provide that no prisoner shall have his or her visitation
limited or revoked because of a news media visit, nor shall a
prisoner be punished, reclassified, disciplined, or transferred
as a result of participating in a news media visit.
6)Delete language requiring CDC to permit the news media to
conduct prearranged interviews with specified prisoners.
EXISTING LAW vests the Director of CDC with the supervision,
AB 2101
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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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided 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)Required 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)Allowed CDC to impose reasonable time, place, and manner
restrictions for prison interviews, including limitations on the
number of interviews, and requiring pool interviews if requested
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)Prohibited interviews of a prisoner or parolee against his or
her will.
5)Defined "representative of the news media" to mean a journalist,
who worked for, or was 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, could demonstrate that he or
she was a bona fide journalist engaged in the gathering of
information for distribution to the public.
6)Stated the Legislature found and declared that: a) free
exchange of information from behind prison walls benefited the
public and fostered a safe and efficient prison system; b) CDC
had 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
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members of the public; and, d) there was no legitimate reason
for a blanket ban on media interviews with prisoners.
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: 0006857