BILL ANALYSIS
AB 2101
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GOVERNOR'S VETO
AB 2101 (Migden)
As Amended August 18, 2000
2/3 vote
ASSEMBLY: 50-21 (May 11, 2000)
SENATE:25-4(August 23, 2000)
ASSEMBLY: 54-19 (August 29, 2000)
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
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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,
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.
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
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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.
GOVERNOR'S VETO MESSAGE :
This bill would allow the news media virtually
unlimited access to convicted felons incarcerated in
California state prisons. This measure would also
permit the news media to receive confidential
correspondence from a prisoner.
Under present law, journalists have ample opportunities
to interview convicts: 1) during regular visiting
hours on the same basis as family and friends; 2) by
accepting collect phone calls from the prisoner; 3) by
written correspondence; and 4) by unlimited access to
the prisoner's lawyer.
This bill is inconsistent with the national trend to
reduce, not expand, rights of prisoners (e.g.,
prohibiting them from profiting from their crimes by
selling their "stories" via book, television, or movie
rights).
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Furthermore, according to correctional authorities, its
implementation would disrupt the orderly administration
of prisons and interfere with the ability of inmate
families to visit their loved ones.
The purposes of incarceration is punishment and
deterrence; it is not to provide additional celebrity
to convicts, many of whose criminal acts were brutal
and violent, thereby causing further pain to the
victims and their loved ones.
AB 2101 is based on the false premise that press
interviews with inmates are banned. The press can
either visit inmates during regular visiting periods,
or receive collect calls from inmates. These are the
same rights provided to the inmate's family and
friends.
This bill guarantees the press preferred access greater
than that accorded family members and close friends.
The regulations currently in force are properly
balanced to achieve legitimate objectives.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
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