California Code of Regulations
Title 15, Crime Prevention and Corrections
Division 3, Department of Corrections
Under authority established
in Penal Code (PC) Section 5058, the Director of Corrections proposes to
change Title 15 of
the California Code of Regulations, Sections 3261.1 and 3261.1, to provide
clarification of existing
regulatory language by amending existing regulation(s) governing the
departmental procedures
regarding media access to facilities and information.
REFEREE:
These regulations
implement, interpret, and/or make specific PC Section 5054.
PUBLIC HEARING:
Date and Time:
September 6, 2000, at 9:00 a.m.
Place: Department
of Water Resources Auditorium
1416 Ninth Street
Sacramento, CA 95814
Purpose:
PUBLIC COMMENT PERIOD:
To receive comments about this action.
Any person may submit
written comments about the proposed changes. To be considered by the
Department, comments
must be received at the Department of Corrections, Regulation and Policy
Management Branch,
P.O. Box 942883, Sacramento, CA 94283-0001, before the close of the comment
period, September
6, 2000, at 5:00 p.m.
CONTACT PERSON:
Please direct any inquiries
regarding this action to Bonnie Garibay, Chief, Regulation and Policy
Management Branch,
Department of Corrections, P.O. Box 942883, Sacramento, CA 94283-0001 or
telephone (916) 324-7770.
ASSESSMENTS. MANDATES AND FISCAL IMPACT:
The adoption of the
proposed amendment to this regulation will neither create nor eliminate
jobs in the
State of California
nor result in the elimination of existing businesses or create or expand
businesses in
the State of California.
This action imposes
no mandates on local agencies or school districts; or a mandate which requires
reimbursement pursuant
to Government Code Section 17561; has no fiscal impact on local government,
State agencies, federal
funding to the State, or private persons. It is also determined that this
action has
no significant adverse
economic impact on businesses, including the ability of California businesses
to
compete with businesses
in other states; and does not affect small businesses, because they are
not
affected by the internal
management of State prisons. In addition, there are no other nondiscretionary
costs or savings imposed
on local agencies.
DETERMINATION:
The Department must
determine that no alternative considered would be more effective in carrying
out
the purpose of this
action or would be as effective and less burdensome to affected private
persons than
the proposed action.
AVAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS:
The text of the proposed
regulation(s), the Initial Statement of Reasons and other information upon
which the proposal
is based (i.e., rule making file) are available upon request directed to
the Department's
contact person.
AVAILABILITY OF CHANGES TO PROPOSED TEXT:
If any substantial
and sufficiently related changes are made to the text as a result of comments
received
during the public
comment period, the Department will make the full text of the changed regulation
available for at least
15 days before the date the regulation is permanently adopted.
INFORMATIVE DIGEST PLAIN ENGLISH POLICY STATEMENT OVERVIEW:
PC Section 5054 vests
with the Director the supervision, management and control of the prisons,
and the
responsibility for
the care, custody, treatment, training, discipline and employment of inmates.
PC Section 5058 authorizes
the Director to prescribe and amend regulations for administration of
prisons.
This action will:
Provide clarification of Sections 3261.1 and 3261.2 of the California Code
of
Regulations regarding
media access to facilities of the California Department of (Corrections
and
authorized access
to facilities and information.
INITIAL STATEMENT OF REASONS
This action amends
Sections 3261.1 and 3261.2 of the California Code of Regulations,
regarding media access
to facilities of the California Department of Corrections and
authorized access
to facilities and information. Most of the proposed changes are
non substantive clarifications
of existing regulatory language.
The Department must
determine that no alternative considered would be more effective
in carrying out the
purpose of this action or would be as effective and less burdensome
to affected persons.
The 1998 OAL Determination 18, Docket No.91-016, dated
August 20,1998, established
that the language shown in subsection 3261.1(c), below,
is regulatory.
Because of the directive that this language must be promulgated in
regulations, no alternatives
have been considered. The second underground regulation
denoted in that Determination,
regarding the definition of media representative," has
since been included
in Section 3000. No technical, theoretical, and empirical study,
report, or similar
document was relied upon in proposing these regulatory changes.
These regulations
have no direct effect upon small business, so alternatives to lessen
their impact are not
applicable. There is no economic effect resulting from these
regulations. The regulations
are drafted in plain English.
Section 3261.1 is amended as follows:
Subsection 3261.1(a) is amended for clarity and grammatical correctness.
Subsection 3261.1(1)
is renumbered to subsection (b) and amended for clarity and
grammatical correctness.
Subsection 3261.1(c)
is added to delineate departmental priorities in terms of media
access to facilities
and providing news reporters higher priority access regarding
breaking news stories
than media representatives working on feature stories without
assigned deadlines.
This change is necessary to establish access priorities when
newsworthy stories
arise, in acknowledgment of the more critical deadlines facing news
reporters. This would
not become an issue except under those unusual circumstances
where the requests
for such access exceed the available resources.
Subsection 3261.1(b) is renumbered to subsection (d).
Subsection 3261.1(c)
is renumbered to subsection .(e) and the word ~ is
corrected to use the
noun form, "designee."
Section 3261.2 is amended as follows:
Subsection 3261.2(a) is unchanged.
Subsection 3261.2(b)
is changed to correct a typographical error, in which the word "of'
was mistakenly placed
into regulation instead of the word "or."
TEXT OF PROPOSED REGULATIONS
In the following text,
underline indicates added or amended text; strikethrough indicates
deleted text.
Existing Section 3261.1 is amended to read:
3261.1. Media Access to Facilities.
(a) Media representatives. as defined in section 3000. may be authorized access to a
department facility or contract facility shall only with the prior approval of the institution
head. Editorial researchers, free-lance writers without an outlet assignment verification, authors
of books, film makers, or other persons may be authorized access to a facility only with approval
of the institution head and assistant director, communications.
(4) (b) No facilities, on-duty staff, inmates or records under control of the department
shall be used in conjunction with film making, radio or television programs, or the writing of
books, magazine articles or syndicated stories without prior approval of the director.
(c) Reporters on news assignments. as opposed to those on feature stories without
deadlines. shall be given preferential access in the event of a breaking news story.
(d) Within a facility, media representatives shall be under direct supervision of the
facility or regional public information officer or their designee.
~ Media representatives shall not enter security housing units, condemned units, the
gas chamber, or any area currently affected by an emergency situation without approval of the
director or designated designee.
NOTE: Authority cited:
Section 5058, Penal Code. Reference: Section 5054, Penal Code; and
Sections 1798.20,
1798.30 and 1798.40-.42, Civil Code.
3261.2. Authorized Release of Information.
Subsection (a) is unchanged.
(b) No person without written authorization of the affected individual shall disclose the
name or other identifying information of any person as having Acquired Immune Deficiency
Syndrome (AIDS) nor shall they disclose the results of any person's blood test ~ to detect
AIDS: related antibodies.
NOTE: Authority cited:
Section 5058, Penal Code. Reference: Section 5054, Penal Code; and
Sections 1798.20,
1798.30 and 1798.40-.42, Civil Code.
Media Access to Facilities